Abdikarim v Mohamed & another (Land Case Appeal E033 of 2025) [2026] KEELC 5253 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed magistrates can decide land disputes even when filed at the civil registry, and dismissed an absentee litigant's appeal.
What this practically means
#Executive summary
#Key legal issues
#Whether the trial magistrate's court had jurisdiction to determine a land dispute filed at the civil registry
The trial court had jurisdiction; the civil case number was an administrative classification that did not divest the court of jurisdiction over a land dispute.
The court held that jurisdiction is conferred by law and depends on the nature of the dispute presented, not the registry of filing. The magistrate's court is expressly conferred with jurisdiction over environment and land disputes under Section 26 of the Environment and Land Court Act as read with Section 9 of the Magistrates' Courts Act. The Appellant failed to demonstrate how the trial court lacked the mandate to determine the dispute, so ground (1) failed.
Whether the Appellant was denied a fair hearing under Articles 25(c) and 50(1) of the Constitution by the proceedings proceeding in his absence
No violation; the Appellant was afforded an opportunity to be heard, filed a defence and counterclaim, but failed to attend the hearing, so the magistrate was entitled to proceed and render judgment on the evidence on record.
The court held that every litigant is granted a reasonable opportunity to present his case, but where a party fails to attend court without sufficient cause, proceedings cannot be halted. The record did not demonstrate denial of an opportunity to participate. The Appellant's unchallenged absence left the 1st Respondent's evidence uncontroverted, and grounds (2), (3) and (4) failed in totality.
Who should bear the costs of the appeal
The Appellant to bear costs; the appeal was dismissed with costs to the 1st Respondent.
Having found the appeal unmerited on all grounds, the court dismissed it and awarded costs to the successful 1st Respondent in accordance with the ordinary rule that costs follow the event.
Legal principles established
#- Jurisdiction of a court flows from the Constitution or statute and cannot be conferred by the parties or by the court itself.
- The registry or division in which a suit is filed is an administrative classification that does not determine the court's jurisdiction; jurisdiction depends on the nature of the dispute presented.
- On a first appeal, the court must reconsider and evaluate the evidence afresh while making allowance for not having seen or heard the witnesses.
- Where a defendant's evidence is neither rebutted nor challenged by cross-examination or contrary evidence, the court is entitled to accept the plaintiff's uncontroverted evidence.
- Where a party is afforded an opportunity to be heard and fails to attend court without sufficient cause, the court may proceed and the party cannot later complain of violation of the right to a fair hearing.
Court orders
#- 1.The appeal is dismissed with costs to the 1st Respondent
- On appeal from
- Senior Principal Magistrate's Court, Mombasa
- MCC/1923/2018
- Jurisdiction invoked
- Appeal to the Environment and Land Court under the Environment and Land Court Act and the Magistrates' Courts Act (Sections 26(3) and (4) of the ELC Act and Section 9 of the Magistrates' Courts Act discussed as conferring jurisdiction on the magistrate's court over land disputes)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Abdikarim v Mohamed & another (Land Case Appeal E033 of 2025) [2026] KEELC 5253 (KLR)", Case Analysis (2026). Not stated in the judgment (trial suit was MCC/1923/2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5253/eng@2026-08-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.