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ELCDismissedEnvironment & Land Case 105 of 2020· [2023] KEELC 17205 (KLR)

Cheruiyot (Suing as the legal administrator of the Estate of Joseph Kiruiyot Sitienei v Ruto & 2 others

Environment and Land Court
16 March 2023
EOE. O. Obaga
1,379 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court dismissed a landowner's repeat claim because his family had already lost the same case and never appealed.

What this practically means

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Executive summary

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The plaintiff, administrator of the estate of Joseph Kiruiyot Sitienei, sued three defendants seeking a declaration of ownership of KARUNA/KARUNA BLOCK 2 (KARUNA)/74, a permanent injunction against them, cancellation and rectification of the register, and costs. The deceased had been registered owner of the suit property since 1993, having purchased it through Karuna Farm Limited arrangements. The defendants obtained an award from the Uasin Gishu Land Disputes Tribunal at Kapsaret, which they had adopted as a judgment of the Chief Magistrate's Court at Eldoret, and then executed by subdividing and registering the property in their names. The deceased sought leave for judicial review to quash the award in 2003 but never filed the substantive motion; his subsequent suit (ELC No 141 A of 2012) was dismissed on January 31, 2019, and an application to extend the lapsed leave by seven days was dismissed on October 21, 2020. The present suit followed. The court, per E. O. Obaga J, held that the reliefs sought were identical to those pursued and lost in ELC No 141 A of 2012, that no appeal was filed, and that the attempt to revive lapsed judicial review leave 15 years later could not assist. Applying the Court of Appeal's decision in Florence Nyaboke Machani v Mogare Amosi Ombui, the court held that a valid judgment remains enforceable, that equity assists the vigilant and not the indolent, and that the defendants' rights had crystallised. The court also found from the Tribunal proceedings that the deceased and his co-directors had improperly allocated themselves excess plots. The suit was dismissed as an abuse of the process of court, with no order as to costs.

Key legal issues

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01

Whether the suit was an abuse of process / barred by prior litigation

Holding

The suit was dismissed as an abuse of the process of court because the same reliefs had been sought by the deceased in ELC No 141 A of 2012 and dismissed, with no appeal filed

Reasoning

The court found the reliefs sought were identical to those pursued by the deceased in ELC No 141 A of 2012, which was dismissed on January 31, 2019, with no appeal. The deceased's attempt to revive lapsed judicial review leave by extension of time was also dismissed on October 21, 2020. The Tribunal proceedings showed the deceased and co-directors had improperly allocated themselves excess plots, so the defendants' claim was legitimate.

02

Effect of the adopted Tribunal award and delay

Holding

The defendants' rights to the suit property crystallised while the plaintiff's side slept on its rights; the declaratory relief must fail

Reasoning

Relying on the Court of Appeal decision in Florence Nyaboke Machani v Mogare Amosi Ombui, the court held that a valid judgment remains enforceable, that the plaintiff had avenues to impugn the award and did nothing, and that equity does not assist the indolent. The 1st defendant's rights crystallised during the delay.

p. 3

Legal principles established

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  • A valid judgment of a court, unless overturned on appeal, remains enforceable irrespective of questions of jurisdiction
  • Equity assists the vigilant and not the indolent; a party who sleeps on their rights loses them

Court orders

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  1. 1.The plaintiff's suit is dismissed
  2. 2.No order as to costs

Authorities

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Cases cited (1)

  • Florence Nyaboke Machani – Vs- Mogare Amosi Ombui & 2 others
    Civil Appeal No 184 of 2011

    A valid judgment remains enforceable unless overturned; equity assists the vigilant, not the indolent; declaratory relief unavailable to impugn a valid judgment

Jurisdiction invoked
Environment and Land Court jurisdiction under the Environment and Land Court Act over disputes relating to title to land (suit property KARUNA/KARUNA BLOCK 2 (KARUNA)/74)

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, "Cheruiyot (Suing as the legal administrator of the Estate of Joseph Kiruiyot Sitienei v Ruto & 2 others", Case Analysis (2023). Environment & Land Case 105 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/17205/eng@2023-03-16

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