[2011] KEHC 987 (KLR)
The court found that the Land Disputes Tribunal lacked jurisdiction under the Land Disputes Act No.18/90 to make orders affecting title to land. The Tribunal's award, which purported to divide the appellant's registered land and result in cancellation of his title, was therefore null and void ab initio. The Resident...
Source-derived case information.
- Citation
- [2011] KEHC 987 (KLR)
- Parties
- Appellant: Christopher Kiura; Respondent: Mary Wawira Muriithi
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 51 of 2010
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal_allowed
- Legal Topics
- Jurisdiction of Land Tribunals, Title to Land, Adoption of Awards
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Christopher Kiura
Appellant
Mary Wawira Muriithi
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the Land Disputes Tribunal had jurisdiction to determine matters relating to title to land.
- 2 Whether the Resident Magistrate erred in adopting the Tribunal's award despite jurisdictional concerns.
- 3 Whether the orders and judgments arising from the Tribunal's award were valid.
Ratio Decidendi
The court found that the Land Disputes Tribunal lacked jurisdiction under the Land Disputes Act No.18/90 to make orders affecting title to land. The Tribunal's award, which purported to divide the appellant's registered land and result in cancellation of his title, was therefore null and void ab initio. The Resident Magistrate erred in adopting the Tribunal's award as a judgment of the court, despite acknowledging the jurisdictional defect. Consequently, both the Tribunal's award and the subsequent judgments of the Resident Magistrate were quashed, and all consequential orders set aside. The appellant remains the registered owner of the land unless a court of competent jurisdiction orders...
Court Disposition
appeal_allowed
Orders
- The appeal is allowed.
- The judgments by the Resident Magistrate entered on 22/4/2010 and 2/6/2010 are quashed.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
CIVIL APPEAL NO. 51 OF 2010
(Being an Appeal from the Award of the Resident Magistrate E.K. NYUTU in Award Case No. 16 of 2009 on 2/6/2010 at Embu Chief Magistrate’s Court)
CHRISTOPHER KIURA ……….……………............................…….……APPELLANT
VERSUS
MARY WAWIRA MURIITHI……………..........................………….RESPONDENT
J U D G M E N T
This matter first came up at the Land Disputes Tribunal as No.134/07 before a Tribunal in Embu which is not stated. This was in respect to land No. L.R. NGANDORI/KIRIGI/4730.
The panel of elders heard the matter and decided that the land registered in the name of Christopher Kiura be divided into two portions with Mary Wawira Muriithi getting ½ acre.
The matter next came up as Embu C.M’s Court Award No.16/09 for adoption of the award. The award was adopted as judgment of the court on 2/6/2010. The Appellant being dissatisfied with the judgment filed this appeal citing 9 grounds viz:
1. That the learned Magistrate erred in law and fact when she proceeded to adopt the Award herein while she had declined to adopt because the Tribunal had exceeded its jurisdiction.
2. That the Magistrate in doing what is grounded (1) sat on her own Appeal.
3. That the learned Magistrate gave 2 contradicting orders dated 22/4/2009 & 2/6/2010.
The rest of the grounds are just repetitions of what I have highlighted above.
The record shows that when the Award was brought for reading and adoption before the Resident Magistrate on 22/4/2009 this is what she said;
“Award of Tribunal in case No.134/07 read in open court but the court has taken notice that the Tribunal has exceeded its jurisdiction. This court undertakes to adopt the same as Judgment of the court and parties advised to seek appropriate remedy before the court”.
And on 2/6/2010, the Resident magistrate confirmed the Award.
This is part of what the Appellant is complaining about. What the learned Magistrate on 22/4/2010 was good enough. She had her reservations about the Award from the Tribunal but she adopted it as a Judgment of the court. I think the Appellant wanted her to dismiss it going by her comments but she did not. The proceedings of 2/6/2010 were uncalled for.
The Appellant is the registered owner of land parcel NGANDORI/KIRIGI/4730. What the Tribunal did would result in cancellation of his title for two new titles. The Land Tribunal has not been clothed with jurisdiction to do that by the Land Disputes Act No.18/90. It is now settled that the Land Disputes Tribunals do not have jurisdiction to deal with issues of title to land. In the case of WAMWEA –VS- CATHOLIC DIOCESE OF MURANGA REGISTRED TRUSTEES [2003] KLR 389 the Court of Appeal held that;
“Tribunals and Land Disputes Appeals Committees do not have jurisdiction to hear disputes over title to land”.
It is therefore clear that the Tribunal did not have the requisite jurisdiction to deal and give the Orders it gave. And for that reason I find merit in the Appellant’s Appeal which I allow. I quash the judgments by the Resident Magistrate entered on 22/4/2010 & 2/6/2010. I also quash the award of the Tribunal for being null and void abinitio. All other consequential orders are set aside.
There shall be an order that the Appellant remains the registered owner of the land L.R. NGANDORI/KIRIGI/4730 unless the title is reversed by a court with competent jurisdiction.
Each party to bear his/her own costs.
DATED, SIGNED AND DELIVERED AT EMBU THIS 14TH DAY OF DECEMBER 2011
H.I. ONG’UDI
J U D G E