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ELCDismissedApplication dated 25th June 2021 (Sotik SPM MCE & L No 12 of 2021 related)· [2022] KEELC 2027 (KLR)

Franklin Langat v Julius Osanga Abuti & 3 others [2022] KEELC 2027 (KLR)

Environment and Land Court
25 January 2022
2,656 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court struck out a land dispute suit because the filer had no legal connection to the land or the earlier case.

What this practically means

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Executive summary

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The Applicant, Franklin Langat, sought stay of proceedings in Sotik SPM MCE & L No 12 of 2021 concerning land parcels Kericho/Cheborge/1350 and 1348. He contended those parcels derived from a fraudulent subdivision of Kericho/Cheborge/1284 and 1285, previously registered to Samwel Kiplagat Cheruiyot and Joshua Kiprono Cheruiyot, and had filed a suit before the Environment and Land Court challenging the titles issued to the 1st Respondent by the 3rd Respondent. The 1st Respondent opposed through a preliminary objection arguing the Applicant lacked capacity, having no locus standi as neither a party to the lower court suit nor a proprietor of the parcels, and that the suit was sub judice. The Attorney General for the 2nd to 4th Respondents raised a similar objection invoking Section 6 of the Civil Procedure Act. The court applied the Mukisa Biscuit principles on preliminary objections and, adopting Alfred Njau on locus standi, found the Applicant's pleadings were not anchored in any law since he was neither party to the lower court proceedings nor registered proprietor of the suit parcels; lack of locus standi renders a suit fatally defective and Article 159(2)(d) cannot cure it. On res sub judice, the court found Section 6 properly invoked given the pending Sotik suit over the same subject matter. Both preliminary objections were allowed; the Applicant's application was dismissed, his suit struck out, with costs to the Respondents and interim orders vacated.

Key legal issues

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01

Whether the Applicant had locus standi to bring the suit and application

Holding

The Applicant was neither a party to the lower court proceedings nor a proprietor of the suit parcels; his pleadings were not anchored in any law, so he lacked locus standi

Reasoning

The court observed the Applicant was not a party to the Sotik proceedings and not registered as proprietor of Kericho/Cheborge/1350 and 1348. The titles he sought to cancel belonged to third parties previously registered to Samwel Kiplagat Cheruiyot and Joshua Kiprono Cheruiyot, who were themselves interested parties in the lower court suit. With no explanation of his capacity, his pleadings lacked legal anchoring and he lacked locus standi, a point of law akin to jurisdiction.

p. 3
02

Whether the suit was sub judice under Section 6 of the Civil Procedure Act

Holding

The preliminary objection on res sub judice succeeded since a suit over the same subject matter was pending before the Sotik Senior Principal Magistrate's Court

Reasoning

Section 6 bars trial of any suit where the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties or parties under whom they claim. The court found it undisputed that the Sotik suit concerned the same properties and parties, and that the Applicant, lacking locus standi, had rushed to this court over the same subject matter instead of awaiting the magistrate's court's verdict on the jurisdictional objection pending there.

p. 3

Legal principles established

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  • Locus standi goes to the root of a suit; its absence renders a suit fatally defective and Article 159(2)(d) cannot cure it

Court orders

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  1. 1.The Respondents' preliminary objections are allowed
  2. 2.The Applicant's application dated 25th June 2021 is dismissed
  3. 3.The Applicant's suit of a similar date is struck out
  4. 4.Costs to the Respondents
  5. 5.The interim orders are vacated

Authorities

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Legislation

  • Civil Procedure ActSections 5 and 6
  • Civil Procedure RulesOrder 51
  • Constitution of KenyaArticle 159(2)(d)

Cases cited (5)

  • Alfred Njau & Others v City Council of Nairobi
    (1982) KLR 229; [1982-88] 1 KAR 229
  • Mukisa Biscuit Manufacturing Co. Ltd. vs West End Distributors Ltd.
    (1969) EA 696
  • Virginia Edith Wamboi Otieno v Joash Ochieng Ougo & Another
    (1982-99) 1 KAR
  • Morjaria v Abdalla
    [1984] KLR 490
  • Trouistik Union International & Another v Jane Mbeyu & Another
    (2008) IKLR (G&F) 730
Jurisdiction invoked
Environment and Land Court jurisdiction over land title disputes (Environment and Land Court Act); application for stay of proceedings under Section 6 of the Civil Procedure Act context

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Franklin Langat v Julius Osanga Abuti & 3 others [2022] KEELC 2027 (KLR)", Case Analysis (2022). Application dated 25th June 2021 (Sotik SPM MCE & L No 12 of 2021 related). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/2027/eng@2022-01-25

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