[2018] KEELC 1522 (KLR)
The court found that the arbitral report filed did not conclusively determine the issues between the parties, as it lacked clarity and failed to settle the dispute. The report was also challenged on the basis that the 1st Plaintiff, due to age and infirmity, may not have been able to participate effectively in the...
Source-derived case information.
- Citation
- [2018] KEELC 1522 (KLR)
- Parties
- Plaintiff: Kasuji Ole Seitai Alias Sentai; Plaintiff: Tepapul Onole Lemua; Plaintiff: Narikunkera Ene Lemwa; Defendant: Mosokoi Olelemua Seitai; Defendant: The District Land Registrar, Trans-Mara
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 344 of 2017
- Procedural Posture
- Land and Property Suit / Ruling on Arbitral Report and Transfer of Suit
- Outcome
- Arbitral report set aside; suit to proceed to hearing before Kilgoris Principal Magistrate’s Court.
- Judges
- MN Kullow
- Legal Topics
- Arbitration Report Challenge, Transfer of Suit, Jurisdiction of Magistrate Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kasuji Ole Seitai Alias Sentai
Plaintiff
Tepapul Onole Lemua
Plaintiff
Narikunkera Ene Lemwa
Plaintiff
Mosokoi Olelemua Seitai
Defendant
The District Land Registrar, Trans-Mara
Defendant
Procedural Posture
Land and Property Suit / Ruling on Arbitral Report and Transfer of Suit
Legal Issues
- 1 Whether the arbitral report conclusively determined the issues between the parties.
- 2 Whether the arbitral process and report were valid and binding on the parties.
- 3 Whether the suit should proceed to formal hearing and before which court.
Ratio Decidendi
The court found that the arbitral report filed did not conclusively determine the issues between the parties, as it lacked clarity and failed to settle the dispute. The report was also challenged on the basis that the 1st Plaintiff, due to age and infirmity, may not have been able to participate effectively in the arbitration process. Given these deficiencies, the court set aside the arbitral report and directed that the matter proceed to a formal hearing. Furthermore, since the subject matter falls within the jurisdiction of the Magistrate’s Court, the suit was ordered to be transferred to the Kilgoris Principal Magistrate’s Court for hearing and determination.
Court Disposition
Arbitral report set aside; suit to proceed to hearing before Kilgoris Principal Magistrate’s Court.
Orders
- The arbitral report filed on 27th March, 2018 is set aside.
- The suit shall proceed for hearing.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAROK
ELC CAUSE NO. 344 OF 2017
KASUJI OLE SEITAI ALIAS SENTAI........................................1ST PLAINTIFF
TEPAPUL ONOLE LEMUA.........................................................2ND PLAINTIFF
NARIKUNKERA ENE LEMWA..................................................3RD PLAINTIFF
-VERSUS-
MOSOKOI OLELEMUA SEITAI.............................................1ST DEFENDANT
THE DISTRICT LAND REGISTRAR, TRANS-MARA.......2ND DEFENDANT
RULING
I have heard the Application made by the parties. It is evident that parties had voluntarily submitted themselves to the Arbitration process, however, once the arbitral report was filed in court on 27th March, 2018 the same was challenged by the plaintiffs.
I have perused the report and I find that the same is not conclusive in determining the issues between the parties. The Affidavit of the 1st Plaintiff has been challenged as the members of the Arbitration Committee have found that the 1st Plaintiff is an old man who can’t walk without support and he is said to be one who cannot talk or hear.
From the report, I find that there are several transactions and transfers that took place in which it shall be prudent to have it heard and veracity of all the allegations made tested through a formal hearing.
From the above I find that the report that was filed lacks clarity and does not settle the issue as between the parties and I therefore order the setting aside of the said report and I direct that the suit do proceed for hearing.
Orders accordingly.
Since the suit herein falls within the jurisdiction of the Magistrate’s court I order the suit be transferred to Kilgoris Principal Magistrate’s Court for hearing and determination.
DATED, SIGNED and DELIVERED in open court atNAROKon this24thday ofSeptember, 2018.
Mohammed Noor Kullow
Judge
24/9/18
In the presence of:
CA:Chuma
Mr Ogutu for the 1st Defendant
Mohammed Noor Kullow
Judge
24/9/18