Belyon (Suing as the Administrator of the Estate of Kibelion Arap Ngetich) v Kimetto & another (Environment and Land Case Civil Suit E026 of 2021) [2024] KEELC 576 (KLR)

The court examined Section 3(1) of the Land Disputes Tribunals Act No. 18 of 1990 and found the Tribunal's enumerated jurisdiction did not extend to determination of ownership or title to land. The Tribunal had purported to award seven acres of the suit land to the family of the late Kibelion Ngetich, which was a determination on title. Consequently the award and its adoption as a court order were a nullity and could not found the Plaintiff's claim.

Section 82(a) of the Law of Succession Act confers power to enforce causes of action surviving the deceased on personal representatives alone. The parties to the Tribunal proceedings were the widows of the two deceased men, neither of whom had obtained a grant of letters of administration. Relying on Trouistik Union International v Jane Mbeyu, the court held they could not competently agitate the dispute, undermining the Tribunal award relied upon by the Plaintiff.

Section 26(1) of the Land Registration Act makes a certificate of title prima facie evidence of absolute and indefeasible ownership, subject to challenge only on fraud or misrepresentation to which the proprietor is party, or illegality. The Land Registrar's evidence (PW4) showed the transfer from Kibelion to John Bore and thereafter to the Defendants was supported by consents, transfer forms, payment of fees and receipts. No fraud was proved against the Defendants.

The cause of action accrued on 19th December 1973 when John Bore was registered, and again on 1st August 1996 when the Defendants were registered. The Plaintiff filed suit on 8th June 2021, roughly 47 years and 25 years respectively after those events. Citing Mukuru Munge and Bosire Ongero v Royal Media Services, the court held limitation goes to jurisdiction, so the court was obliged to down tools and dismiss the suit.