Sally Jemeli Korir & Another v William Suter & 2 others [2020] KEELC 3087 (KLR)

Summary at a glance

Facts

The plaintiffs filed a claim against the defendants at the Elgeyo Marakwet Land Dispute Tribunal, which awarded five acres of land to Cheberen Primary School without notifying the plaintiffs. The plaintiffs then filed a declaratory suit in the High Court.

Issues

• Whether the High Court is the right forum for adjudication of the matter.
• Whether the plaintiffs followed the proper appeal procedures.

Reasoning

The court found that the plaintiffs did not follow the specific procedures set out in the repealed Land Disputes Tribunal Act when they were aggrieved by the tribunal's decision. They opted to file a declaratory suit instead of appealing the decision.

Outcome

The appeal was dismissed.

Orders

• Interests on (c) and (d) above.
• A declaration that the deliberation of the 2nd Defendant in Elgeyo Marakwet Land Dispute Tribunal as adopted by Iten Senior or Resident Magistrate Court in award case No.3 of 2005 is illegal, null and void for lack of jurisdiction.
• An order directing the Uasin Gishu County Land Registrar to cancel the registration of the 1st Defendant as the owner and proprietor of all those parcels of land known as Sergoit/Koitawaptaoi Block 12(Katalel)/557 and 542.

Authorities cited