DAVID KIPLETING CHEMEI V. KANAMOI CHEPTOO KIMOITUK & ATTORNEY GENERAL (ON BEHALF OF THE UASIN GISHU LAND DISPUTES TRIBUNAL)

JUDGMENT OF THE COURT

1. The background to this appeal is a land dispute between the appellant and the 1st respondent. The appellant filed a suit in the High Court at Eldoret alleging that he was the registered owner of a parcel of land known as Uasin Gishu/Illulah/288 (the suit land); that the 1st respondent lodged a complaint before the Uasin Gishu Land Disputes Tribunal (the Tribunal) claiming to be entitled to ownership of the suit land; the Tribunal upheld the 1st respondent’s claim and its award was adopted by the Chief Magistrates’ Court as a judgment of the Court.

2. In his suit before the High Court which was subsequently transferred to the Environment and Land Court, the appellant stated; inter alia, that the Tribunal did not have jurisdiction to deal with the matter as the suit land was a registered land; and that the Magistrates’ Court acted in breach of his rights under the rules of natural justice by failing to read the award to the parties.

3. Subsequently, the appellant w…