Richard Nalwelisie Masinde & 2 others v Barasa Nyongesa Mamati [2020] eKLR Case Summary

Court
Court of Appeal at Nairobi
Category
Civil
Judge(s)
Karanja, Gatembu, J. Mohammed, JJ.A.
Judgment Date
October 23, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief

1. Case Information:
- Name of the Case: Richard Nalwelisie Masinde & 2 others v Barasa Nyongesa Mamati [2020] eKLR

- Case Number: Kisumu Civil Appeal No. 136 of 2017
- Court: Court of Appeal at Nairobi
- Date Delivered: October 23, 2020
- Category of Law: Civil
- Judge(s): Karanja, Gatembu, J. Mohammed, JJ.A.
- Country: Kenya

2. Questions Presented:
The central legal issues the court must resolve include:
- Whether the learned Judge had jurisdiction to hear and determine the Appellants' Originating Summons.
- Whether the learned Judge erred in concluding that the issue of ownership of the suit property had already been resolved in a prior succession matter, thus extinguishing the Appellants' claim.

3. Facts of the Case:
The dispute centers around Land Parcel Number EAST BUKUSU/SOUTH NALONDO/661, originally owned by the late Nyongesa Mamati Mikhwende. Following his death, the Respondent, Barasa Nyongesa Mamati, claimed the property as part of his father's estate in a succession cause. The Appellants contend that their late father, George Masinde Murunga, purchased the land in 1967 and had occupied it openly and continuously for over 40 years, thus claiming ownership through adverse possession. The Respondent denied the sale and claimed the Appellants' father had never occupied the land.

4. Procedural History:
The Appellants filed an Originating Summons in 2008 claiming ownership of the land via adverse possession. After their father's death, they amended their summons in 2014. The Respondent opposed the claim, asserting that the Appellants lacked evidence of possession. The trial court dismissed the Appellants' suit, citing a lack of jurisdiction and the belief that the matter should have been resolved in the succession case. The Appellants appealed against this decision.

5. Analysis:
- Rules: The relevant statutes include the Limitation of Actions Act, specifically sections concerning adverse possession, and the Law of Succession Act. The court also considered Article 162(2)(b) of the Constitution and the Environment and Land Court Act regarding jurisdiction over land disputes.
- Case Law: The court referenced *Owners of the Motor Vessel “Lillian S” v. Caltex Oil (Kenya) Ltd* to emphasize the principle that a court lacking jurisdiction should cease to engage with a case. The case of *Wambugu v. Njuguna* was also cited concerning the principles governing adverse possession.
- Application: The Court of Appeal found that the trial judge erred in asserting a lack of jurisdiction over the adverse possession claim, as the property was no longer part of the deceased's estate at the time of the Appellants' claim. The court determined that the trial judge's mixed approach—acknowledging a lack of jurisdiction while also analyzing evidence—was inappropriate and left the Appellants without a resolution.

6. Conclusion:
The Court of Appeal ruled in favor of the Appellants, finding that the trial court had jurisdiction to hear the matter. The judgment was set aside, and the case was remitted to the Environment and Land Court for a fresh hearing, allowing the Appellants the opportunity to pursue their claim of adverse possession.

7. Dissent:
There were no dissenting opinions noted in the judgment.

8. Summary:
The Court of Appeal's decision to allow the appeal and remand the case for a fresh hearing underscores the importance of jurisdiction in civil matters, particularly regarding land ownership disputes. This ruling emphasizes that claims of adverse possession must be adjudicated in the appropriate court, reinforcing the legal principles surrounding property rights and succession in Kenya.

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