Vincent Orindo Nyambane & another v Daniel Nyangaresi Orindo & another [2022] KEELC 547 (KLR)
The bottom line
#The Environment and Land Court confirmed that any dissatisfied party has an absolute constitutional right to appeal, and dismissed an attempt to strike out a land appeal.
What this practically means
#Executive summary
#Key legal issues
#Whether the Appellants had locus standi to appeal
The objection to locus standi failed; the Appellants were parties in the lower court with an express right of appeal
The court held that an aggrieved party in the lower court has an express right of appeal, which is a constitutional right under Articles 48 and 50(1), and the ELC has appellate jurisdiction under Section 13(4) of the ELC Act. The claim that the suit was a fruit of fraud required evidence and did not qualify as a true preliminary objection.
Whether the appeal had become academic because the title had been cancelled
The court did not uphold this argument; the objection was dismissed as an abuse of process
The Respondents argued that cancellation of L.R. NO. EAST KITUTU/KEBIRICHI/3155 left the appeal academic; the Appellants countered that cancellation, if done, breached a stay. The court treated the objection as improperly raised before directions and an abuse of process, without determining merits.
Legal principles established
#- The right of appeal is a constitutional right accorded to any dissatisfied party and cannot be denied or curtailed
- A ground going to locus standi argued on contested facts does not qualify as a preliminary objection in the Mukisa Biscuits sense
Court orders
#- 1.The Preliminary Objection dated 14/01/2022 is dismissed
- 2.The Respondents to bear the costs of the Preliminary Objection
- 3.The file containing Kisii High Court Succession Cause No. 475 of 2014 shall be returned to the Kisii High Court Registry forthwith
- On appeal from
- Principal Magistrate's Court, Keroka
- Keroka PMELC No. 21 of 2020
- Jurisdiction invoked
- Section 13(4) of the Environment and Land Court Act, 2012 (appellate jurisdiction over subordinate courts in land matters)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Vincent Orindo Nyambane & another v Daniel Nyangaresi Orindo & another [2022] KEELC 547 (KLR)", Case Analysis (2022). Keroka ELC Appeal (from Keroka PMELC No. 21 of 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/547/eng@2022-03-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.