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ELCOther· [2024] KEELC 6756 (KLR)

Dynamic Sisters Enterprises Limited v Amboseli Court Limited & 11 others (Environment & Land Case E243 of 2020) [2024] KEELC 6756 (KLR)

Environment and Land Court
26 September 2024
MMM. D. Mwangi
676 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan land court can re-open a case and summon registry officials itself to verify disputed land titles before ruling.

What this practically means

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Executive summary

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This is an interlocutory ruling by the Environment and Land Court at Nairobi (M.D. Mwangi J) in a land dispute in which the Plaintiff claims six parcels (L.R. Nos. 15400/376, 15400/379, 15400/380, 15400/383, 15400/384 and 15400/387) allegedly purchased from the 1st Defendant, while the 2nd Defendant claims to be the registered proprietor of 818 acres under Certificate of Title No. 11379/3 issued on April 8, 1970, denies selling any land to the 1st Defendant, and challenges the validity of the Plaintiff's titles. The 2nd Defendant's witness, the Nairobi Regional Surveyor, testified that the original parcel has never been subdivided, casting doubt on both sets of claims. Before delivering final judgment, the court decided, on its own motion, to verify the current status of all the disputed titles. Relying on its earlier decision in Jeremy Mark Block v Kenya Forest Service, section 22(b) of the Civil Procedure Act and section 173 of the Evidence Act, the court held that it may summon witnesses suo motu where absolutely necessary for the just determination of a case, with caution, and subject to the parties' right of cross-examination. It vacated its earlier order for delivery of judgment, re-opened the case, and directed that witness summons issue to the Director in Charge of Land Administration and the Chief Land Registrar to testify and produce the relevant Correspondence and Deed/Parcel files. No costs order was made.

Key legal issues

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Power of the court to call witnesses suo motu under section 22(b) of the Civil Procedure Act and section 173 of the Evidence Act

Holding

The court has power to call witnesses on its own motion at any stage, exercisable exceptionally and cautiously where necessary for a just determination, with parties retaining a right of cross-examination

Reasoning

The court relied on its own earlier decision in Jeremy Mark Block v Kenya Forest Service and on section 22(b) of the Civil Procedure Act and section 173 of the Evidence Act, which permit it to summon persons to give evidence or produce documents and to question any witness. Given the Surveyor's evidence that the mother title was never subdivided, the court found the status of the titles had to be established before a final judgment could be rendered.

p. 1

Legal principles established

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  • The court may, on its own motion and at any stage of proceedings, call a witness, but only where absolutely necessary for the just determination of the case and with great caution, and the parties must be given a right to cross-examine such a witness

Court orders

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  1. 1.The court vacates its earlier order on delivery of a judgment
  2. 2.The case is re-opened to enable the Director in Charge of Land Administration and the Chief Land Registrar in Nairobi to appear as witnesses
  3. 3.The court will issue appropriate witness summons to the Director in Charge of Land Administration and the Chief Land Registrar to testify and produce the respective Correspondence and Deed/Parcel files on an appropriate date

Authorities

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Legislation

  • Civil Procedure Actsection 22(b)
  • Evidence Actsection 173

Cases cited (1)

  • Jeremy Mark Block vs The Kenya Forest Service & Others
    ELC Pet. 1396 of 2014
Jurisdiction invoked
Section 22(b) of the Civil Procedure Act and section 173 of the Evidence 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, "Dynamic Sisters Enterprises Limited v Amboseli Court Limited & 11 others (Environment & Land Case E243 of 2020) [2024] KEELC 6756 (KLR)", Case Analysis (2024). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6756/eng@2024-09-26

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