Pasqualina Tirindi Murianki v Martha Muthoni Mwichigi [2021] KEELC 2913 (KLR)
The bottom line
#A Kenyan court struck out a bid to punish a landowner for contempt, ruling it had no jurisdiction over boundary disputes under the Land Registration Act.
What this practically means
#Executive summary
#Key legal issues
#Whether the order of 24th January 2019 contained enforceable positive orders
No - the ruling was a declaration of lack of jurisdiction under Section 18(2) of the Land Registration Act, with the file deemed closed; the referral to the Land Registrar did not confer jurisdiction
The court revisited the 2019 ruling and found that it expressly held that under Section 18(2) of the Land Registration Act the court has no jurisdiction over boundary disputes, that jurisdiction is everything, and that the matter was premature. Directing the dispute to the Land Registrar was merely an ancillary referral made while downing tools; it did not revive or confer jurisdiction on the court to entertain subsequent enforcement or contempt applications.
Whether the court could entertain the contempt and enforcement application
No - absent an appeal, review, variation, discharge or setting aside of the 2019 ruling, the court had no jurisdiction to entertain the application
The court observed that the order declining jurisdiction was never challenged on appeal or review, nor varied, discharged or set aside. It therefore remained in force and operative, disabling the court from taking any further step in the matter, including entertaining an application to re-open the file or to punish for contempt of an order that was in substance a downing of tools.
Legal principles established
#- Once a court forms the opinion that it has no jurisdiction, it cannot take any further step in the matter, and a referral of a dispute to another forum does not confer jurisdiction on the court
- A ruling declining jurisdiction, if not challenged on appeal or review and not varied, discharged or set aside, binds the court thereafter
Court orders
#- 1.The Plaintiff's notice of motion dated 15th December, 2020 is struck out in its entirety
- 2.No order as to costs
- Jurisdiction invoked
- Inherent jurisdiction of the court; Sections 1A, 1B, 3 and 3A of the Civil Procedure Act (Cap. 21) and Section 5 of the Judicature Act (repealed) as invoked by the applicant; the court found it lacked jurisdiction under Section 18(2) of the Land Registration Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Pasqualina Tirindi Murianki v Martha Muthoni Mwichigi [2021] KEELC 2913 (KLR)", Case Analysis (2021). Not stated in the judgment (Nyahururu ELC matter). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/2913/eng@2021-06-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.