EMILY JEPKEMEI NGEYONI & another v NICHOLAS KIPCHUMBA KOGO & another [2006] KEHC 2186 (KLR)

Facts

The plaintiffs filed a suit challenging the decision of the Kabiyet Land Disputes Tribunal, which awarded land to Nicholas N. Kogo and Emily Jepkemei Ngeyoni. The plaintiffs later took out letters of administration and filed an amended plaint to join the Tribunal as a party and challenge the decision.

Issues

1. Whether the plaintiffs can challenge the decision of the Land Disputes Tribunal
2. Whether the plaintiffs can amend their plaint without court's consent

Reasoning

The plaintiffs' challenge to the Land Disputes Tribunal's decision is not a proper subject for a civil suit, as the decision was registered in the subordinate court. The plaintiffs should have appealed to the Provincial Appeals Committee or filed a judicial review in the High Court.

Outcome

The plaintiffs' amended plaint is struck out with costs to the defendants.

Authorities cited