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ELCDismissedNot stated in judgment· [2024] KEELC 3869 (KLR)

Mokaya v Singoey & another (Environment & Land Case E026 of 2024) [2024] KEELC 3869 (KLR)

Environment and Land Court
16 May 2024
EOE. O. Obaga
877 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court in Eldoret confirmed it can hear land title disputes and threw out an attempt to block the case on jurisdiction grounds.

What this practically means

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Executive summary

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The plaintiff sued the 1st and 2nd Defendants seeking eviction from, and a declaration of ownership of, Cheptiret/Cheplaskei Block 2 (Chepkigen)/195, a permanent injunction against interference, an order directing the Land Registrar to effect transfer, mesne profits and costs. The plaintiff's case was that he purchased the suit property from the 1st Defendant, who handed over the original title upon full payment, and that the 1st Defendant had nonetheless instructed the Land Registrar (2nd Defendant) to issue a new title on the ground that the original was lost. The plaintiff contemporaneously filed a notice of motion to restrain the Land Registrar from issuing a new title. Before the motion could be heard, the 1st Defendant raised a preliminary objection contending that the court lacked jurisdiction because the motion sought to challenge the Land Registrar's statutory powers under section 33 of the Land Registration Act, and that the plaintiff should first exhaust remedies before the Land Registrar, relying on the doctrine of exhaustion and judicial deference. The plaintiff opposed, arguing the objection failed the Mukisa Biscuit threshold since the reliefs sought fell squarely within the court's jurisdiction under section 13 of the Environment and Land Court Act. The court agreed that the reliefs fell within its jurisdiction and that disputed facts - whether the plaintiff holds the original title - could not be resolved via a preliminary objection. The objection was dismissed with costs to the plaintiff. The main suit and the interlocutory motion remain pending.

Key legal issues

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01

Jurisdiction of the Environment and Land Court over a dispute involving replacement of a lost title by the Land Registrar

Holding

The court has jurisdiction; the reliefs sought fall squarely within section 13 of the Environment and Land Court Act and the objection raised a factual dispute unsuitable for determination as a preliminary objection.

Reasoning

The court examined the plaint and found the reliefs sought fall within the court's jurisdiction under section 13 of the Environment and Land Court Act. Since the plaintiff contends he holds the original title while the 1st Defendant seeks a replacement as lost, facts must be ascertained, and per Mukisa Biscuit, a preliminary objection resting on disputed facts cannot succeed. The rationale for gazettement of lost titles was also noted.

p. 2

Legal principles established

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  • A preliminary objection cannot succeed where ascertainment of facts is required.

Court orders

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  1. 1.Preliminary objection dismissed with costs to the plaintiff

Authorities

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Legislation

  • Land Registration Actsection 33
  • Environment and Land Court Actsection 13

Cases cited (5)

  • Pullman England v Lousiana state Board of Medical Examiners
    375 v 411 (1964)
  • Priscah Alouch Odongo & 7 others v National Irrigation Authority
    (2021) eKLR
  • Kenya Bank Limited v Alcon Holdings Limited
    (2021) eKLR
  • Hassan Abdulkadir Aziz v Land Registrar Mombasa & another
    (2023) eKLR
  • Mukisa Biscuit Manufacturers Limited v West End (1969) Limited
Jurisdiction invoked
Section 13, Environment and Land Court Act

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, "Mokaya v Singoey & another (Environment & Land Case E026 of 2024) [2024] KEELC 3869 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/3869/eng@2024-05-16

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