Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCPartially AllowedNot stated in the judgment text provided· [2022] KEELC 3037 (KLR)

Muriithi v Muriithi & 3 others; Margaret Wakiuru Murathi & 3 others (Interested Parties); Duncan Maina Murathi (Intended Interested Party) (Environment & Land Case 521 of 2013) [2022] KEELC 3037 (KLR)

Environment and Land Court
13 May 2022
2,911 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~12 min to read original · ~4 min brief

The bottom line

#

A Kenyan court voided land titles stemming from a Tribunal award because Tribunals cannot decide land ownership, restoring the parcels to the original registered owner.

What this practically means

#

Executive summary

#
The plaintiff sued his sisters (1st and 2nd defendants), a purchaser (3rd defendant), the purchaser's wife (4th defendant) and a grandson of the family (5th defendant) over land parcels Mutira/Kirunda/1476 and 1481, seeking a declaration that a District Land Tribunal award and its adoption by the Kerugoya Magistrate's Court were unlawful, cancellation of the resulting titles, re-registration in his name, and a permanent injunction. The parcels were subdivisions of the parties' father's land, originally registered in the plaintiff's name in 2004; the sisters obtained a Tribunal award transferring the parcels to them and sold them to the 3rd defendant, who transferred them to his wife. The court held that under section 3(1) of the repealed Land Disputes Tribunals Act, tribunals had no jurisdiction over ownership or title to registered land, so the award and its adoption were ultra vires and null and void, and all resulting titles and transfers were nullities. The titles were found to have been acquired illegally, unprocedurally and through a corrupt scheme within the section 26 exception of the Land Registration Act, so the 3rd and 4th defendants were not innocent purchasers for value. The counterclaims of the 1st, 2nd and 5th defendants were dismissed, the 5th defendant's claim resting on hearsay from his grandfather. The court entered judgment for the plaintiff: declaring the Tribunal award and adoption null and void, ordering the Land Registrar, Kirinyaga County to rectify the register by cancelling the 3rd and 4th defendants' names and substituting the plaintiff's, issuing a permanent injunction, dismissing the counterclaims, and ordering each party to bear their own costs in light of family ties.

Key legal issues

#
01

Jurisdiction of the Land Disputes Tribunal over ownership of registered land

Holding

The Tribunal acted ultra vires in determining ownership of land registered in the plaintiff's name; its award and the Magistrate's Court's adoption of it were unlawful, null and void

Reasoning

Section 3(1) of the repealed Land Disputes Tribunals Act cap 303 confines tribunals to boundary disputes, claims to occupy or work land, and trespass. Determination of ownership or title to registered land is excluded. The 1st and 2nd defendants' claim before the Tribunal concerned title to parcels registered in the plaintiff's name, so the Tribunal lacked jurisdiction and everything flowing from the award, including adoption and transfers, is a nullity.

p. 5
02

Whether the 3rd and 4th defendants were innocent purchasers for value without notice

Holding

They were not; title deriving from a null process was acquired illegally, unprocedurally and through a corrupt scheme and falls within the section 26 Land Registration Act exception

Reasoning

Section 26 protects titles as prima facie and indefeasible except where acquired through fraud/misrepresentation or illegally, unprocedurally or through a corrupt scheme. Since the root titles issued to the 1st and 2nd defendants flowed from a Tribunal award made without jurisdiction, the subsequent purchase and transfer to the 3rd and 4th defendants was a nullity and cannot attract innocent purchaser protection.

p. 5
03

Entitlement to a permanent injunction

Holding

Granted; cancelling the tainted titles and reverting the parcels to the plaintiff safeguards his rights as absolute and indefeasible owner

Reasoning

Applying the Giella v Cassman Brown principles, the court found that since the plaintiff's registration was upheld and the defendants' titles cancelled, the plaintiff established his claim; an injunction was appropriate to protect his quiet possession, occupation and enjoyment of the suit parcels.

p. 5
04

The defendants' counterclaims

Holding

The counterclaims by the 1st, 2nd and 5th defendants fail

Reasoning

The 1st and 2nd defendants acquired title illegally, unprocedurally and through a corrupt scheme, so their counterclaim must fail. The 5th defendant's claim rested on what his grandfather told him, which has no evidentiary value being based on conjecture, and also fails.

p. 6

Legal principles established

#
  • A Land Disputes Tribunal has no jurisdiction to determine disputes on ownership or title to registered land; its award and any adoption of such award is ultra vires, null and void
  • A decision made without jurisdiction is null and void, and every proceeding flowing from it is a nullity
  • A certificate of title may be cancelled where it was acquired illegally, unprocedurally or through a corrupt scheme under section 26 of the Land Registration Act, and such tainted title does not attract protection as an innocent purchaser
  • There is no bar to filing an ordinary suit seeking a declaration that a Land Disputes Tribunal decision is null and void; appeal and judicial review are not the sole avenues

Court orders

#
  1. 1.A declaration that the Tribunal Award and the adoption of the same by the Kerugoya Magistrate's Court without jurisdiction was ultra vires, unlawful, null and void
  2. 2.A finding/declaration that the cancellation of the plaintiff's title deeds in respect of Mutira/Kirunda/1476 & 1481, the transfer to the 1st & 2nd Defendants and subsequent transfer to the 3rd & 4th Defendants was done illegally, unprocedurally and through a corrupt scheme
  3. 3.The Land Registrar, Kirinyaga County is ordered to rectify the Register by cancelling the names of the 3rd and 4th defendants and substituting with that of the Plaintiff
  4. 4.A permanent injunction restraining the defendants, their agents, servants, employees and/or personal representatives from interfering with the plaintiff's quiet possession, occupation, cultivation and enjoyment of Mutira/Kirunda/1476 and Mutira/Kirunda/1481
  5. 5.The 1st, 2nd and 5th defendants' counterclaim is dismissed
  6. 6.Each party to bear their own costs

Authorities

#

Legislation

  • Land Disputes Tribunal Act (Repealed)Section 3(1)
  • Registered Land Act (Repealed)Cap 300
  • Land Registration ActSection 26(1)
  • Constitution (as referred to for injunction - apparently an error)Order 40

Cases cited (5)

  • Dominica Wamuyu Kihu v Johana Ndura Wakaritu
    (2012) eKLR
  • Joseph Malakwen Lelei & another v Rift Valley Land Disputes Appeals Committee & 2 others
    (2014) eKLR
  • Giella v Cassman Brown
    (1973) EA 358
  • Stephen Kangethe Kariuki v Samuel Kangere Gatoto
  • Emily Jepkemoi Ngeyoni & anor v Nicholas Kipchumba Kogo & anor
    HCCC No 270 of 2005 (Eldoret)
Jurisdiction invoked
Original civil suit seeking declarations and land remedies under the Environment and Land Court Act (not expressly stated in the judgment)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Muriithi v Muriithi & 3 others; Margaret Wakiuru Murathi & 3 others (Interested Parties); Duncan Maina Murathi (Intended Interested Party) (Environment & Land Case 521 of 2013) [2022] KEELC 3037 (KLR)", Case Analysis (2022). Not stated in the judgment text provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/3037/eng@2022-05-13

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