Nicholas Nyala Mulwa & 2 others v Jonah Kavithi Daniel & another (sued as the personal representatives of the Estate of Daniel Mulwa Kavithi) & 3 others [2020] KEELC 3739 (KLR)
The bottom line
#Kenya's Co-operative Tribunal cannot cancel land titles; disputes over registered land belong in the Environment and Land Court, regardless of co-operative membership.
What this practically means
#Executive summary
#Key legal issues
#Whether the Co-operative Tribunal has jurisdiction over the dispute
No. The 2nd Defendant is neither a member nor past member of the Society, and the Tribunal lacks power to cancel registered title deeds.
Section 76(1) of the Co-operative Societies Act confers exclusive original jurisdiction on the Tribunal over disputes concerning the business of a society among members, past members and persons claiming through them. The 2nd Defendant, being neither a member nor past member, and being a registered proprietor of impugned titles, falls outside that jurisdiction. Further, the Tribunal cannot cancel title deeds registered under the Land Registration Act; only the ELC or Magistrate's Court can under Section 80(1) of that Act.
Whether the dispute concerns the internal business of the Society or title to land
Where allegations of fraudulent transfer of already registered land arise, the dispute is governed by the Land Act and Land Registration Act, vesting jurisdiction in this Court.
The Tribunal's mandate under Section 76(1) is restricted to disputes involving the register, membership, shareholding, elections of officials and internal running of the Society. Disputes over fraudulent transfer of land already registered fall under the Land Act and Land Registration Act, which define a court to include the Environment and Land Court. The Plaintiffs seek cancellation of title deeds, a relief beyond the Tribunal's powers.
Legal principles established
#- The Co-operative Tribunal has exclusive original jurisdiction over disputes concerning the business of a co-operative society among members, past members and persons claiming through them, but not over disputes with non-members regarding registered land titles.
- Where a claim involving members of a co-operative society requires cancellation of title deeds registered under the Land Registration Act, only the Environment and Land Court or the Magistrate's Court has jurisdiction.
Court orders
#- 1.The Application dated 24th April, 2019 is dismissed with costs
- Jurisdiction invoked
- Article 162(2) of the Constitution and Section 13 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nicholas Nyala Mulwa & 2 others v Jonah Kavithi Daniel & another (sued as the personal representatives of the Estate of Daniel Mulwa Kavithi) & 3 others [2020] KEELC 3739 (KLR)", Case Analysis (2020). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/3739/eng@2020-01-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.