Benjamin Nzyoki Mbindyo & 2 others v James Nzeki Kilonzo [2020] eKLR Case Summary

Court
Environment and Land Court at Machakos
Category
Civil
Judge(s)
O.A. Angote
Judgment Date
October 23, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: Benjamin Nzyoki Mbindyo & 2 others v James Nzeki Kilonzo [2020] eKLR


1. Case Information:
- Name of the Case: Benjamin Nzyoki Mbindyo & Others v. James Nzeki Kilonzo
- Case Number: ELC. APPEAL NO. 214B OF 2012
- Court: Environment and Land Court at Machakos
- Date Delivered: 23rd October 2020
- Category of Law: Civil
- Judge(s): O.A. Angote
- Country: Kenya

2. Questions Presented:
The central legal issue in this case revolves around the jurisdiction of the court to hear an appeal concerning land that has been declared an adjudication section under the Land Adjudication Act, as well as the determination of costs following the withdrawal of the appeal by the appellants.

3. Facts of the Case:
The appellants, Benjamin Nzyoki Mbindyo, Aron Mutunga Mbindyo, and John Maweu Mutiso, initiated an appeal following a decision by the Eastern Province Land Disputes Appeals Committee. The appeal was filed out of time but was allowed by the court. The appellants claimed rights to a disputed suit land located in Musalala sub-location. However, on 9th June 2016, the area was declared an adjudication section under the Land Adjudication Act, which raised questions regarding the jurisdiction of the court to entertain the appeal. The appellants ultimately withdrew their appeal on 18th February 2020, citing the ousting of the court's jurisdiction due to the adjudication declaration.

4. Procedural History:
The case progressed through several stages, beginning with the appellants filing an application to appeal out of time, which was granted on 7th December 2012. The memorandum of appeal was subsequently filed on 24th December 2012. Directions were taken on 2nd July 2019 for the appeal to be canvassed through written submissions. However, on 26th September 2019, the appellants' counsel informed the court about the adjudication declaration, leading to the eventual withdrawal of the appeal in February 2020.

5. Analysis:
- Rules: The court considered the provisions of the Land Adjudication Act, particularly sections 30(1) and (2), which stipulate that no civil proceedings concerning land in an adjudication section can be entertained unless consent is granted by the adjudication officer.
- Case Law: The court referenced the case of Peter Muriuki Ngure v. Equity Bank (K) Ltd [2018] eKLR, which emphasized that costs follow the event in litigation. It also cited Fredrick Nzioki Kamunzyu & Another v. Mark Mbuvi Maundu & 2 Others [2019] eKLR, which discussed the implications of withdrawing a suit and the entitlement to costs. The case of Kitisu Julius Sile & 60 Others v. Chairperson Oloirien Adjudication Section B Committee & Others (2016) eKLR was also mentioned, reinforcing the principle that courts lack jurisdiction over ongoing adjudication processes.
- Application: The court determined that the appellants could not have foreseen the jurisdictional issue arising from the adjudication declaration at the time of filing their appeal. Given that the appeal was withdrawn based on the statutory provisions of the Land Adjudication Act, the court concluded that it lacked jurisdiction to hear the matter, leading to the decision that no costs would be awarded against the appellants.

6. Conclusion:
The court ruled that the appeal was to be marked as withdrawn without any order as to costs. This decision acknowledged the jurisdictional limitations imposed by the Land Adjudication Act and recognized that the appellants could not be penalized for withdrawing the appeal as a result of a legal requirement they could not have anticipated.

7. Dissent:
There were no dissenting opinions noted in this ruling.

8. Summary:
The Environment and Land Court at Machakos ruled that the appeal by Benjamin Nzyoki Mbindyo and others was withdrawn due to the lack of jurisdiction following the declaration of the land as an adjudication section. The court found that the appellants should not be liable for costs due to the unforeseen jurisdictional issue, marking the appeal as withdrawn with no order as to costs. This case underscores the importance of jurisdiction in land disputes and the implications of the Land Adjudication Act in civil proceedings.

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