WALTER KIPCHIRCHIR KOECH v GRACE CHEROP KORIR [2009] KEHC 1787 (KLR)

Facts

The appellant filed a suit in the magistrate court at Kericho regarding land encroachment between the appellant and the respondent. The case was referred to the Lands Disputes Tribunal, and an award was made. The appellant then sought to set aside the award, but the trial magistrate declined to do so. The appellant appealed to the High Court, where the respondent raised a preliminary objection.

Issues

1. Whether the appellant had the right to appeal the refusal of the trial magistrate to review the orders of review applied for
2. Whether the appeal lies with the Provincial Lands Tribunal or the High Court

Reasoning

The court states that there is no right of appeal from the Lands Disputes Tribunal cases. Appeals lie with the Provincial Lands Tribunal. However, the court rules that the appellant had returned to the trial magistrate seeking a review, and the magistrate declined to grant orders of review. This gives the court a right to hear a refusal or review to the High Court.

Outcome

Appeal dismissed with costs to the appellant

Authorities cited