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ELCAllowedNot stated in the judgment· [2020] KEELC 457 (KLR)

Peter Kuria Muraya v John Kipkemboi Koech [2020] KEELC 457 (KLR)

High Court of Kenya
5 November 2020
MOM. A. Odeny
1,960 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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The appellant appealed to the High Court at Eldoret against the decision of the Land Disputes Appeals Committee (Rift Valley Province) which upheld an award of the Soy Division Land Disputes Tribunal in Case No. 15 of 2000, subsequently adopted by the Chief Magistrates Court in Award Number 36 of 2001. The Tribunal had awarded the respondent 0.2 acres out of the appellant's parcel, SERGOIT/KOIWOP TAOI BLOCK 3 (SHAMTREK) 57. The appellant contended that the Tribunal lacked jurisdiction because the claim concerned title to registered land under the Registered Land Act (Cap 300) and involved an order for alienation and subdivision of land, matters outside section 3(1) of the Land Disputes Tribunal Act, and that the proceedings were therefore a nullity. The respondent maintained that the Tribunal acted within section 3(1)(a). The court framed a single issue: whether the Tribunal had jurisdiction. It held that the Tribunal acted in excess of its mandate by dealing with titled property; the dispute was one of ownership, not boundaries, occupancy or trespass, and could not be adjudicated by the Tribunal. Relying on M'Marete v Republic, Masagu Ole Naumo and Joseph Karobia Gicheru, the court found the proceedings a nullity. The appeal was allowed with costs to the appellant; the decisions of the Tribunal and the Appeals Committee, together with the subsequent adoption of the award by the Chief Magistrates Court, were set aside. Judgment delivered at Eldoret on 5th November 2020 by M. A. Odeny, J.

Key legal issues

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01

Jurisdiction of the Land Disputes Tribunal over disputes concerning title to registered land

Holding

The Tribunal exceeded its jurisdiction by adjudicating ownership of titled land and ordering alienation/subdivision of the suit parcel; its proceedings and award, the Appeals Committee's upholding of the award, and the Chief Magistrate's adoption were null and void.

Reasoning

Section 3(1) of the Land Disputes Tribunal Act confined tribunals to disputes over division or boundaries of land, claims to occupy or work land, and trespass. The dispute here was purely one of ownership of registered land, which only a court of law could determine. The Tribunal's award of 0.2 acres to the respondent was ultra vires, and once a body lacks jurisdiction its proceedings are a nullity that no acquiescence can cure.

p. 3

Legal principles established

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  • A tribunal without jurisdiction over a dispute concerning title to registered land produces proceedings that are a nullity
  • A tribunal acts in excess of its mandate where it adjudicates ownership of titled land rather than boundary, occupancy or trespass disputes under section 3(1) of the Land Disputes Tribunal Act

Court orders

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  1. 1.Appeal allowed as prayed
  2. 2.Decisions of the Land Disputes Tribunal and the Land Disputes Appeals Committee (Rift Valley Province) set aside
  3. 3.The subsequent adoption of the award by the Chief Magistrates Court in Award Number 36 of 2001 set aside
  4. 4.Costs of the appeal to the appellant

Authorities

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Legislation

  • Land Disputes Tribunal ActSection 3(1)
  • Land Disputes Tribunal ActSection 2(8)
  • Land Disputes Tribunal ActSection 3 (statement of claim requirement as pleaded by appellant)
  • Registered Land Act (Cap 300)General (title as prima facie evidence of ownership)

Cases cited (5)

  • Suluenta Kennedy Sita & another v Jeremiah Ruto (suing as legal representative of the Estate of Joyce Jepkemboi)
    [2017] eKLR
  • Republic vs Kajiado North District Ngong Land Disputes Tribunal & Another ex-parte Caroline Wambui Ngunjiri & 2 others
    (2014) eKLR
  • M'Marete v Republic & 3 others
    Civil Appeal 259 of 2000 [2004] eKLR
  • Masagu Ole Naumo v Principal Magistrate Kajiado Law Courts & Another
    JR 370 of 2013 [2014] eKLR
  • Joseph Karobia Gicheru vs. Michael Gachoki Gicheru
    [2013] eKLR
On appeal from
Land Disputes Appeals Committee (Rift Valley Province)
Case No. 66 of 2002
Jurisdiction invoked
Appeal from the Land Disputes Appeals Committee pursuant to the Land Disputes Tribunal Act (No. 18 of 1990, now repealed); the judgment does not cite the specific appellate provision

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, "Peter Kuria Muraya v John Kipkemboi Koech [2020] KEELC 457 (KLR)", Case Analysis (2020). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/457/eng@2020-11-05

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