[2008] KEHC 1608 (KLR)
The court held that the Land Disputes Tribunal Act provides a specific appellate procedure, requiring parties aggrieved by a Tribunal decision to appeal to the Appeals Committee within thirty days. The High Court has no jurisdiction to entertain an appeal directly from the Tribunal. Since the appellant bypassed the...
Source-derived case information.
- Citation
- [2008] KEHC 1608 (KLR)
- Parties
- Appellant: Elijah Kipsoimo Arap Maritim; Respondent: Alice Jeptoo
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 154 of 2007
- Procedural Posture
- Civil Appeal / Preliminary Objection Ruling
- Outcome
- Appeal struck out with costs to the respondent.
- Judges
- AI Tullu
- Legal Topics
- Land Disputes Tribunal Jurisdiction, Appeals Limitation Period, Res Judicata
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elijah Kipsoimo Arap Maritim
Appellant
Alice Jeptoo
Respondent
Procedural Posture
Civil Appeal / Preliminary Objection Ruling
Legal Issues
- 1 Whether the appeal is time barred under the Land Disputes Tribunal Act.
- 2 Whether the appeal offends the mandatory provisions of the Land Disputes Tribunal Act, No. 18 of 1990.
- 3 Whether the issues raised in the appeal are res judicata.
Ratio Decidendi
The court held that the Land Disputes Tribunal Act provides a specific appellate procedure, requiring parties aggrieved by a Tribunal decision to appeal to the Appeals Committee within thirty days. The High Court has no jurisdiction to entertain an appeal directly from the Tribunal. Since the appellant bypassed the Appeals Committee and filed the appeal out of time, the appeal was incompetent and contrary to the mandatory statutory provisions. The preliminary objection was therefore upheld, and the appeal struck out with costs to the respondent.
Court Disposition
Appeal struck out with costs to the respondent.
Orders
- The preliminary objection is upheld.
- The appeal is struck out.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT ELDORET
Civil Appeal 154 of 2007
ELIJAH KIPSOIMO ARAP MARITIM ……......……………. APPELLANT
VERSUS
ALICE JEPTOO ………………………………………….. RESPONDENT
R U L I N G
The Respondent raised a Preliminary Objection to this Appeal on three grounds:-
1. That the appeal is time barred.
2. That the appeal offends the mandatory provisions of the Land Disputes Tribunal Act, No. 18 of 1990.
3. That the issues raised in the Appeal are Res judicata.
This is an appeal against the Award of the Kosirai Land Disputes Tribunal delivered on 6th June, 2006.
Section 8 (1) of the Act provides that:-
“8 (1) Any party to a dispute under Section 3 who is aggrieved by the decision of the Tribunal may, within thirty days of the decision appeal to the Appeals Committee constituted for the Province in which the land which is the subject matter of the dispute is situated.”
The said provision means that an aggrieved party may only appeal to the Appeals Committee at the first instance within thirty (30) days. No appeal has lies to the High Court from the decision of the Tribunal under the Act.
I therefore do hereby uphold the Preliminary Objection and strike out the appeal with costs to the Respondent.
DATED AND DELIVERED AT ELDORET ON THIS 5TH DAY OF SEPTEMBER, 2008.
M. K. IBRAHIM
JUDGE
In the presence of:
Mr. Sang for the Respondent
Mr. Okara for the Appellant