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ELCDismissedNot stated in judgment· [2024] KEELC 7457 (KLR)

Nyikiaa v Wanyoike; Ildamat Ventures Limited (Interested Party) (Environment and Land Case 660 of 2017) [2024] KEELC 7457 (KLR)

Environment and Land Court
11 November 2024
MGM.N. Gicheru
877 words in judgment
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The bottom line

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A Kajiado court dismissed a bid to block the Land Registrar's ownership report, confirming courts can direct officials to give evidence in land disputes.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Kajiado (M.N. Gicheru, J) determined a notice of motion dated 17/11/2023 by the interested party seeking review of the court's directions of 24/10/2023, which had directed the County Land Registrar to file a report considering all documents submitted by the parties and determining ownership of the suit land. The applicant also asked the court to determine the dispute on the evidence already on record. It argued that both parties had been heard conclusively, that the court had suo motu sought the Registrar's input, that this amounted to abdicating its adjudicative role, that the applicant would be unable to cross-examine on the report, and that the order disrupted the adversarial system and the burden of proof framework of the Evidence Act. The plaintiff opposed through grounds of opposition, arguing the motion was frivolous, that review conditions were unmet, and that it was an abuse of process. Only the interested party filed submissions, identifying a single issue: whether the court should review the directions of 24th October 2023. The court dismissed the motion. It held the directions did not preclude calling the Registrar for cross-examination; that under Section 1A(3) of the Civil Procedure Act parties must comply with court directions even in an adversarial system; and that under Section 1B(a) the court must attain a just determination, which requires the Registrar's assistance in resolving conflicting ownership documents. Excluding such evidence would not accord with the Article 50(1) fair hearing. Costs were in the cause.

Key legal issues

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Whether the court should review its directions of 24/10/2023 directing the County Land Registrar to file a report on ownership of the suit land

Holding

The motion for review was dismissed; the directions were lawful, fair and necessary for a just determination

Reasoning

The directions did not preclude cross-examination of the Registrar on his report. Under Sections 1A(3) and 1B(a) of the Civil Procedure Act the court may give directions to further the overriding objective and attain a just determination. With two conflicting sets of ownership documents, the Registrar is best placed to assist; excluding that evidence would not secure the fair hearing guaranteed by Article 50(1) of the Constitution.

p. 3

Legal principles established

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  • Even in an adversarial system, the court has jurisdiction under Section 1A(3) of the Civil Procedure Act to give directions which parties must comply with
  • Relevant and admissible evidence should not be locked out where it is necessary for a just determination and a fair hearing under Article 50(1)

Court orders

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  1. 1.The motion dated 17/11/2023 is dismissed
  2. 2.Costs in the cause
Jurisdiction invoked
Article 159(2) of the Constitution; Sections 3 and 19 of the Environment and Land Court Act; Sections 1A, 1B, 3, 3A and 80 of the Civil Procedure Act; Order 45 rule 1 of the Civil Procedure Rules

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, "Nyikiaa v Wanyoike; Ildamat Ventures Limited (Interested Party) (Environment and Land Case 660 of 2017) [2024] KEELC 7457 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/7457/eng@2024-11-11

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