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ELCPartially AllowedELC Civil Appeal Case No. 20 of 2014· [2019] KEELC 4171 (KLR)

Hezron Juma Mukangai & 2 others v Ruth Katara Mukangai & 3 others [2019] KEELC 4171 (KLR)

Environment and Land Court
20 March 2019
NMN.A. Matheka
1,134 words in judgment
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The bottom line

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A Kenyan court quashed a Land Disputes Tribunal's award of family farmland because tribunals had no power to decide who owns registered land.

What this practically means

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Executive summary

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This was an appeal to the Environment and Land Court at Kakamega against the decision of the Western Provincial Land Disputes Appeals Committee, which had upheld the Kabras Land Disputes Tribunal's award of 9 acres out of land parcel North Kabra/Sungurai/599, registered in the name of the late Festus Mukangai Lutomia, to his daughters (the respondents), who are half-siblings of the appellants. The appellants argued that the Kabras Tribunal lacked jurisdiction because the dispute concerned ownership of registered land and the estate of a deceased person, and that the tribunal was illegally constituted with four members instead of the prescribed three or five. The respondents maintained they had a right to inherit their father's property and relied on authorities characterising such claims as claims to occupy or work land. Matheka J framed jurisdiction as the preliminary issue. Applying section 3(1) of the Land Disputes Tribunal Act (now repealed), which limited tribunals to boundary disputes, claims to occupy or work land, and trespass, and following the Court of Appeal's decision in M'Marete v Republic and Odunga J's ruling in Masagu Ole Naumo, the court held that the dispute was essentially one of title to registered land, beyond the tribunals' jurisdiction. The court quashed the decisions of both the Tribunal and the Appeals Committee, finding it unnecessary to address the merits, and made no order as to costs given the parties' sibling relationship.

Key legal issues

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01

Jurisdiction of the Kabras Land Disputes Tribunal over a claim to ownership of registered land

Holding

The tribunal and the Provincial Appeals Committee acted without jurisdiction as the dispute was a claim to ownership, not a claim to occupy, work land, or a boundary dispute

Reasoning

Section 3(1) of the Land Disputes Tribunal Act confined tribunals to boundary disputes, claims to occupy or work land, and trespass. The Kabras Tribunal awarded 9 acres of registered parcel North Kabra/Sungurai/599 to the respondents, which was in substance an award of ownership. Following M'Marete v Republic and Odunga J in Masagu Ole Naumo, the court held tribunals cannot determine title to registered land, so the proceedings were a nullity and no merits analysis was required.

p. 2

Legal principles established

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  • Land Disputes Tribunals under section 3(1) of the Land Disputes Tribunal Act had no jurisdiction to determine claims to title or ownership of registered land

Court orders

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  1. 1.The appeal is allowed
  2. 2.The decision/verdict of the Kabras Land Disputes Tribunal and Western Provincial Appeals Committee is quashed
  3. 3.No orders as to costs, the parties being siblings

Authorities

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Legislation

  • Land Disputes Tribunal Act (now repealed)Section 3(1)
  • Registered Land Act

Cases cited (4)

  • M'Marete v Republic & 3 others
    Civil Appeal 259 of 2000 (2004) eKLR
  • Erastus Ndungu Thungu vs Mary Wairimu Thungu Mburu
    (2003) eKLR
  • Joyce Wanjiku Kaguara vs George Mburu & Another
  • Masagu Ole Naumo v Principal Magistrate Kajiado Law Courts & Another
    JR 370 of 2013 (2014) eKLR
On appeal from
Western Provincial Land Disputes Appeals Committee
Jurisdiction invoked
Appeal against decision of the Western Provincial Land Disputes Appeals Committee established under the Land Disputes Tribunal Act (now repealed)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Hezron Juma Mukangai & 2 others v Ruth Katara Mukangai & 3 others [2019] KEELC 4171 (KLR)", Case Analysis (2019). ELC Civil Appeal Case No. 20 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/4171/eng@2019-03-20

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.