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ELCAllowedCivil Appeal No. 61 of 2013· [2020] KEELC 1796 (KLR)

Noel Mwatata Mwakitele v Julius Mwangata;James Moses Mugo (Interested Party) [2020] KEELC 1796 (KLR)

Environment and Land Court
3 June 2020
MSMunyao Sila
1,336 words in judgment
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The bottom line

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A Kenyan court voided a tribunal's land award because tribunals cannot decide land title disputes and cannot take land from owners who were never party to the case.

What this practically means

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Executive summary

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The appellant appealed (via a transfer from the Appeals Committee after repeal of the Land Disputes Tribunal Act) against a decision of the Bahari Land Disputes Tribunal, adopted as judgment in Kilifi SRMCC LDT Case No. 5 of 2007, which held that the respondent had in 1978 purchased 6 acres of land earlier sold to the appellant, and directed the Land Registrar to issue title to the respondent over 6 acres from parcel Kilifi/Roka/1243. During the appeal, James Mugo Maina was enjoined as interested party, having purchased parcel 1243 from its registered proprietor, Hamilton Mwandawiro Samboja. The court found two fatal defects in the Tribunal's decision. First, the dispute before the Tribunal concerned title to land, which was not among the categories of disputes listed in Section 3(1) of the LDTA; the Tribunal therefore acted without jurisdiction and its decision was null and void. Secondly, even assuming jurisdiction, the Tribunal awarded to the respondent land registered in the name of Hamilton Mwandawiro Samboja, who was never made a party and never given a chance to defend his title - a grave error. Counsel for the appellant and the interested party filed submissions; the respondent filed none. The court allowed the appeal, set aside the Tribunal's award and the decree of the Kilifi SRMCC LDT Case No. 5 of 2007, and ordered the respondent to pay the costs of the appeal and of the Tribunal proceedings.

Key legal issues

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01

Jurisdiction of the Land Disputes Tribunal over title disputes

Holding

The Tribunal had no jurisdiction to determine a dispute over title to land; its decision was null and void for want of jurisdiction.

Reasoning

Section 3(1) of the LDTA confined Tribunals to civil disputes over boundaries, claims to occupy or work land, and trespass. The respondent's complaint required a determination of who ought to obtain title to the disputed land, a matter outside the statutory list. Proceedings conducted without jurisdiction are a nullity.

p. 2
02

Award of land against a non-party registered proprietor

Holding

Even if jurisdiction existed, the Tribunal erred gravely in awarding land parcel Kilifi/Roka/1243 to the respondent when its registered proprietor, Hamilton Mwandawiro Samboja, was never joined.

Reasoning

The court examined the title documents and found parcel 1243 was registered to Samboja on 25 February 1994 while the Tribunal proceedings were ongoing, yet he was not a party. Awarding his land to the respondent without giving him an opportunity to defend his title was a grave error rendering the award unsustainable.

p. 2

Legal principles established

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  • A Land Disputes Tribunal lacked jurisdiction to hear and determine disputes over title to land, and a decision rendered without jurisdiction is null and void.
  • A tribunal cannot award land to a party where the registered proprietor of that land was never made a party and given a chance to defend his title.

Court orders

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  1. 1.Appeal allowed
  2. 2.Award of the Bahari Land Disputes Tribunal set aside
  3. 3.Decree in Kilifi SRMCC LDT Case No. 5 of 2007 set aside
  4. 4.Respondent to pay the costs of the appeal and the costs of proceedings before the Tribunal

Authorities

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Legislation

  • Land Disputes Tribunal ActSection 3(1)
  • Land Disputes Tribunal ActSection 7
  • Land Disputes Tribunal ActSection 8
  • Environment and Land Court Act2011 (repeal of LDTA)
  • Land Control ActConsent of the Land Control Board
On appeal from
Bahari Land Disputes Tribunal (award adopted in Kilifi SRMCC LDT Case No. 5 of 2007); appeal from Appeals Committee transferred to this Court
Bahari Land Dispute Case No. 85 of 2006 / Kilifi SRMCC LDT Case No. 5 of 2007
Jurisdiction invoked
Section 8 of the Land Disputes Tribunal Act, Cap 303A - appeal to the Appeals Committee, transferred to the Environment and Land Court upon repeal of the LDTA by the Environment and Land Court Act, 2011

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Noel Mwatata Mwakitele v Julius Mwangata;James Moses Mugo (Interested Party) [2020] KEELC 1796 (KLR)", Case Analysis (2020). Civil Appeal No. 61 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/1796/eng@2020-06-03

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