John Ondieki Masai (substituted with Elizabeth Namaemba Masai) v Albert C. Masai [2021] KEELC 4241 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Jurisdiction over non-existent land
The Tribunal and Appeals Committee acted without jurisdiction as parcel NDIVISI/NDIVISI/1042 had ceased to exist in 1982 upon sub-division
The Green Card showed the title was closed on 27th January 1982 upon sub-division. By the time the Respondent filed his claim in 2005, the land had ceased to exist twenty-three years earlier. The Tribunal was exercising jurisdiction over a non-existent parcel and the proceedings were void ab initio.
Limitation of actions
The claim, filed in 2005, was statute barred as the cause of action accrued in 1980 when the Appellant was registered as proprietor
Section 13(3) of the repealed Act barred the Tribunal from entertaining time-barred proceedings. Section 7 of the Limitation of Actions Act bars actions to recover land after twelve years. The Respondent admitted knowledge from 1980 that the Appellant had registered the land and refused him a share, so the claim filed in 2005 was out of time.
Award over land not in dispute
The Tribunal erred by awarding three acres from parcel NDIVISI/NDIVISI/1366 which was never claimed before it
The claim before the Tribunal related solely to parcel NDIVISI/NDIVISI/1042. The verdict nonetheless directed transfer of three acres from parcels 1366 and 1042. By making a verdict over land not before it, the Tribunal exercised jurisdiction over a matter that was not in dispute, an error the Appeals Committee upheld.
Ownership of registered land
The Tribunal, in directing transfer of registered land, determined ownership of registered land and thereby exceeded its jurisdiction
Relying on the Jonathan Amunavi decision of the Court of Appeal, the court held that a Land Disputes Tribunal has no jurisdiction to determine disputes relating to ownership of registered land. The award directing the Appellant to transfer three acres to the Claimant was such a determination.
Legal principles established
#- A Land Disputes Tribunal has no jurisdiction to determine a dispute relating to ownership of registered land
- The Land Disputes Tribunal was governed by the Limitation of Actions Act and could not entertain time-barred proceedings
- Proceedings before a tribunal over land that no longer exists are void ab initio
Court orders
#- 1.The appeal is allowed
- 2.The decision of the Appeals Committee as adopted by the Chief Magistrate's Court Bungoma in its decree dated 30th September 2009 is set aside
- 3.Each party to meet their own costs
- On appeal from
- Kakamega Provincial Appeals Committee
- Bungoma Chief Magistrate's Court L.D.T. Case No 37 of 2009
- Jurisdiction invoked
- Appeal from the Provincial Appeals Committee under the repealed Land Disputes Tribunal Act (Cap 303A)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "John Ondieki Masai (substituted with Elizabeth Namaemba Masai) v Albert C. Masai [2021] KEELC 4241 (KLR)", Case Analysis (2021). Appeal filed 6th October 2009 (Bungoma High Court). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/4241/eng@2021-02-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.