Mpenzwe Ngoba Mtana & another v Zuhura Shabana [2014] KEELC 440 (KLR)
The bottom line
#What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the appeal was filed within the prescribed sixty days from the decision of the Land Appeals Committee
- 2.Whether the Tribunal and the Appeals Committee had jurisdiction to entertain the dispute over ownership of the suit property
Key legal issues
#Timeliness of the appeal
The appeal was filed one year after the decision of the Appeals Committee, without leave, and was therefore incompetent.
The decision of the Land Appeals Committee was delivered on 21st September 2009. Section 8(a) of the repealed Land Disputes Tribunal Act required an appeal to the High Court on a point of law within sixty days, certified by a judge. The Memorandum of Appeal was filed on 27th September 2010, a year later, without leave. The court rejected the claim that the decision was delivered in 2010.
Jurisdiction of the Tribunal and Appeals Committee over registered land
Not determined, as the appeal was struck out for being filed out of time.
The Appellant argued that the dispute over ownership of Tezo/Roka/977, registered under the repealed Registered Land Act, could only be litigated in the High Court or Magistrate's Court under section 159, and that the Tribunal's decision was a nullity. The court did not reach this issue because the appeal failed on timeliness.
Legal principles established
#- An appeal from a Land Appeals Committee under section 8(a) of the Land Disputes Tribunal Act must be filed within sixty days and certified as raising a point of law; an appeal filed out of time without leave is liable to be struck out.
- A party relying on supervening events such as death must still seek leave to file an appeal out of time.
Court orders
#- 1.Appeal struck out with costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Provincial Land Appeals Tribunal at Mombasa
- Land Appeal Number 373 of 2005
- Jurisdiction invoked
- Section 8(a) of the repealed Land Disputes Tribunal Act, Cap 303 A
Relief refused
#The appeal itself (not admitted; no extension of time sought)
Filed out of time without leave of the court
Costs
Appeal struck out with costs to the Respondent
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
In view of the fact that the appeal herein was filed out of time without the leave of the court, I shall, which I hereby do, strike out the appeal with costs.
no appeal shall be admitted to hearing by the High Court unless the judge of that court has certified that an issue of law is involved
it was incumbent on the Appellants to seek the leave of the court to file the Appeal out of time
Issues in the judgment
#The judgment does not state the names of the parties; party names are not ascertainable from the text provided.
The judgment refers inconsistently to the date of the Appeals Committee hearing/decision as argued by the Appellant versus the court's finding.
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Devki Limited v Barongo (Appeal E162 of 2024) [2025] KEELRC 2632 (KLR)[2025] KEELRC 2632 (KLR)26 Sept 2025applied
Cite this brief
#Cite this brief
Caselaw, "Mpenzwe Ngoba Mtana & another v Zuhura Shabana [2014] KEELC 440 (KLR)", Case Analysis (2014). Appeal from Provincial Land Appeals Tribunal Land Appeal Number 373 of 2005. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2014/440/eng@2014-03-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.