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ELCPartially AllowedNakuru ELC Case (plaint dated 9 December 2016, filed 18 January 2017)· [2020] KEELC 3703 (KLR)

Rift Valley Enterprises Ltd v Antony Michael Hughes (Sued as Administrator of the Estate of Alexandra Theresa Hughes (Deceased) & 2 others [2020] KEELC 3703 (KLR)

Environment and Land Court
13 February 2020
DOD. O. Ohungo
7,149 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~29 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court struck out a land ownership suit because the same dispute had already been decided, and each party bore its own costs.

What this practically means

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Executive summary

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The plaintiff company sued for declarations of ownership of Dundori/Mugwathi Block 2/227 and 228, cancellation of titles issued to the 1st defendant, eviction and a permanent injunction, alleging conspiracy and fraud in the issuance of titles. The 1st and 3rd defendants denied fraud and counterclaimed for declarations of ownership and cancellation of the plaintiff's sub-divisions, tracing title through a 1980 sale by the 3rd defendant to the deceased Alexandra Theresa Hughes, a share certificate, and transmission to the 1st defendant under a confirmed grant. The 2nd defendant did not participate. The court framed three issues: res judicata, ownership, and availability of reliefs. It held that ownership of both parcels had already been determined by the Nakuru Land Disputes Tribunal in Claim No. 37 of 2007, whose award was adopted by the High Court on 29 March 2011 in HC Misc. Application No. 342 of 2011, and that neither decision had been set aside. The plaintiff's contention that those decisions were void for want of jurisdiction could not be raised collaterally. The plaintiff's entire suit and prayer (a) of the 1st defendant's counterclaim were struck out as res judicata. The sub-division issue, however, arose after the prior decisions and was not res judicata; the court ordered the 2nd defendant to cancel any sub-divisions of the suit properties in the plaintiff's name. Each party was ordered to bear its own costs. Judgment delivered at Nakuru on 13 February 2020 by D. O. Ohungo, J.

Key legal issues

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01

Whether the suit and the ownership declaration sought are res judicata

Holding

Yes. Ownership of both suit properties was determined by the Land Disputes Tribunal in Claim No. 37 of 2007 and confirmed by the High Court order of 29 March 2011 in HC Misc. Application No. 342 of 2011, neither of which has been set aside. The plaintiff's suit and prayer (a) of the counterclaim are struck out.

Reasoning

Section 7 of the Civil Procedure Act bars trying a matter directly and substantially in issue in a former suit between the same parties, heard and finally decided by a competent court. The plaintiff alleged the tribunal and High Court decisions were void for want of jurisdiction, but the court held that a valid judgment remains enforceable until set aside by an appellate court or the High Court itself, and the proper challenge routes were not used.

p. 8
02

Whether an order cancelling the plaintiff's sub-divisions of the suit properties should issue

Holding

Yes. The sub-division issue arose after the prior decisions and was not res judicata; since the 1st defendant is the undisputed owner, prayer (b) of the counterclaim is merited.

Reasoning

The sub-division was effected by the plaintiff after 24 December 2014, long after the tribunal award and the High Court order of 2011, so those decisions did not determine it. Though registration of the mutation was not proven, the court granted the cancellation order for the avoidance of doubt given the 1st defendant's undisputed ownership.

p. 8

Legal principles established

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  • A party cannot collaterally challenge the validity of a tribunal award or a High Court order adopting it in fresh proceedings; such an order binds until set aside by the High Court itself or an appellate court
  • Res judicata bars re-litigation of ownership issues finally determined between the same parties, and operates as a complete estoppel

Court orders

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  1. 1.The plaintiff's entire suit is struck out
  2. 2.Prayer (a) of the 1st defendant's counterclaim is struck out
  3. 3.An order directing the 2nd defendant to cancel any sub-divisions of the parcels of land known as Dundori/Mugwathi Block 2/227 and Dundori/Mugwathi Block 2/228 issued in the name of the plaintiff
  4. 4.Each party to bear their own costs

Authorities

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Legislation

  • Civil Procedure ActSection 7
  • Land Registration ActSection 22(2)
  • Land Registration ActSections 26 and 80(1)
  • Evidence ActSection 107
  • Land Disputes Tribunals Act (No. 18 of 1990, repealed)Section 8(1)
  • Companies Act, CAP 486 (repealed)
  • Companies Act of 2015

Cases cited (8)

  • Peter Mbiri Michuki v Samuel Mugo Michuki
    [2014] eKLR
  • David Sironga Ole Tukai v Francis Arap Muge & 2 Others
    [2014] eKLR
  • Gateway Insurance Co Ltd v Jamila Suleiman & another
    [2018] eKLR
  • Florence Nyaboke Machani v Mogere Amosi Ombui & 2 others
    [2014] eKLR
  • John Florence Maritime Services Limited & another v Cabinet Secretary for Transport and Infrastructure & 3 others
    [2015] eKLR
  • Maithene Malindi Enterprises Limited v Kaniki Karisa Kaniki & 2 others
    [2018] eKLR
  • Republic v Karisa Chengo & 2 others
    [2017] eKLR
  • Henderson v Henderson
    [1843] 67 ER 313
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court under the Environment and Land Court Act over ownership of land; no specific constitutional provision invoked

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (3)

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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, "Rift Valley Enterprises Ltd v Antony Michael Hughes (Sued as Administrator of the Estate of Alexandra Theresa Hughes (Deceased) & 2 others [2020] KEELC 3703 (KLR)", Case Analysis (2020). Nakuru ELC Case (plaint dated 9 December 2016, filed 18 January 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/3703/eng@2020-02-13

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