Anthony Kiprop (Suing as the Legal Representative of the Estate of Luka Kiprop Kiptai) v Sylvester Chemweno Sang & 2 others [2020] KEELC 105 (KLR)
The bottom line
#The Eldoret land court dismissed a son's bid to overturn a decades-old tribunal award on his father's land, because he never used the appeal routes the law provided.
What this practically means
#Executive summary
#Key legal issues
#Whether a declaratory suit is a proper vehicle for challenging a Land Disputes Tribunal award adopted as a court judgment
It is not; the statute prescribed appeal to the Appeals Committee under section 8(1) and (9) or judicial review, and the plaintiff pursued neither, making the suit an abuse of court process
The court held that the Land Disputes Tribunal Act had elaborate procedures for challenging awards, namely appeal to the Provincial Appeals Committee within thirty days and, on a certified point of law, to the High Court, or judicial review where the tribunal acted in excess of jurisdiction. The Act did not contemplate a declaratory suit. The plaintiff lodged no appeal, so the award and decree remained valid and enforceable, and the suit as framed was an abuse of process.
Whether the effect of the repeal of the Land Disputes Tribunal Act by the Environment and Land Court Act rendered the tribunal's decision void ab initio
No; Section 23(3)(e) of the Interpretation and General Provisions Act preserves decisions, awards and adopted judgments of the defunct tribunals as valid and executable
Counsel for the plaintiff argued the tribunal acted after the Act's repeal on 30th August 2011. The court relied on its earlier decision in Sally Jemeli Korir, holding that the Interpretation and General Provisions Act preserves and protects decisions and awards of defunct Land Disputes Tribunals and judgments adopted by Magistrates' Courts under the repealed Act; they remain valid judgments and their decrees valid instruments capable of execution.
Legal principles established
#- Where a statute establishes a dispute resolution mechanism, that mechanism must be followed and exhausted; a declaratory suit is not a competent avenue for challenging a Land Disputes Tribunal award adopted as a court judgment
- Decisions and awards of the defunct Land Disputes Tribunals, and judgments adopted by Magistrates' Courts under the repealed Land Disputes Tribunal Act, remain valid and enforceable
- A valid judgment of a court remains enforceable until overturned by an appellate court, even where jurisdiction is questioned
Court orders
#- 1.The plaintiff's suit is dismissed with costs
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court under the Environment and Land Court Act (court not stated to be sitting on appeal); plaintiff sought declaratory relief under the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Anthony Kiprop (Suing as the Legal Representative of the Estate of Luka Kiprop Kiptai) v Sylvester Chemweno Sang & 2 others [2020] KEELC 105 (KLR)", Case Analysis (2020). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/105/eng@2020-12-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.