[2013] KEHC 709 (KLR)
The court held that both the Muranga Land Disputes Tribunal and the Nyeri Provincial Land Appeals Committee acted in excess of their jurisdiction by purporting to subdivide and transfer beneficial interests in registered land. Section 3(1) of the Land Disputes Tribunals Act did not confer such powers upon the...
Source-derived case information.
- Citation
- [2013] KEHC 709 (KLR)
- Parties
- Appellant: Mwangi Kamwana; Respondent: Bernard Gatu Kanja
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 128 of 2003
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal allowed
- Judges
- DA Onyancha
- Legal Topics
- Jurisdiction of Tribunals, Registered Land, Ultra Vires Actions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mwangi Kamwana
Appellant
Bernard Gatu Kanja
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the Muranga Land Disputes Tribunal and the Nyeri Provincial Land Appeals Committee had jurisdiction to award beneficial interests in registered land.
- 2 Whether the tribunals acted in excess of their statutory powers under Section 3(1) of the Land Disputes Tribunals Act.
Ratio Decidendi
The court held that both the Muranga Land Disputes Tribunal and the Nyeri Provincial Land Appeals Committee acted in excess of their jurisdiction by purporting to subdivide and transfer beneficial interests in registered land. Section 3(1) of the Land Disputes Tribunals Act did not confer such powers upon the tribunals, and the land in question was registered under the Registered Land Act. Consequently, the tribunals' decisions were ultra vires, illegal, null and void, and could not be allowed to stand. The appeal was allowed and the orders of the tribunals were quashed.
Court Disposition
appeal allowed
Orders
- The order of the Nyeri Provincial Land Disputes Committee is quashed and/or set aside.
- The appeal is allowed with costs to the appellant.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL APPEAL NUMBER 128 OF 2003
MWANGI KAMWANA. ................................... APPELLANT
VERSUS
BERNARD GATU KANJA. ................................ RESPONDENT
J U D G M E N T
The Nyeri Provincial Land Disputes Appeals Committee, on 23rd January, 2003, upheld a decision of the Muranga Land Disputes Tribunal in awarding 10. 0 acres of the 25. 1 acres of L.R. No. Loc 19/Gacharageini/616, to the Appellant Bernard Gatu Karanja as a trustee of Wanjiru Kanja and Njoki Kanja. The said committee also confirmed that the remaining 15. 1 acres would go to Mwangi Kamwana as a trustee of his family and the late Wanjama’s family.
The above decision aggrieved the Appellant who field this appeal on the main ground that the Muranga Land Disputes Tribunal and the Nyeri Provincial Land Appeals Committee, had no jurisdiction to award the substantive beneficial interest in that land to the Respondent and that the tribunals had in doing so, acted in excess of their jurisdiction under Section 3(1) of the then Land Disputes Tribunals Act, Cap 303A Laws of Kenya.
There is no dispute that the said parcel of land known as L.R. No. Loc 19/Gacharageini/616 is registered under the Registered Land Act, Cap 300 of the Laws of Kenya. There is no dispute either that the land was at the time of the tribunals’ and committee’s decision subject of Section 3(1) of the Land Disputes Act aforestated. In the view of this court, the order of the Muranga Land Disputes Tribunal which was later confirmed by the Nyeri Provincial Land Appeals Committee’s Ruling of the 23rd January, 2003, was an order which purported to subdivide and transfer part of the relevant parcel of land to the Respondents as trustees. The order accordingly, dealt with and affected a substantive beneficial interest in a registered land an exercise of a power not donated to it under Section 3(1) of the Land Disputes Act aforestated.
It is the finding of this court accordingly, that both tribunals acted in excess of their jurisdiction and acted ultra vires the provision aforestated. Their act was illegal, null and void and cannot be left to stand.
The order of the Nyeri Provincial Land Disputes Committee is, therefore, hereby quashed and/or set aside as this appeal is allowed with costs to the Appellant. Orders accordingly.
Dated and delivered at Nairobi this 5th day of December, 2013.
...........................................
D A ONYANCHA
JUDGE