[2007] KEHC 1002 (KLR)
The court found that the Land Disputes Tribunal acted without jurisdiction when it purported to determine ownership and order subdivision of registered land, as such matters are expressly excluded from its mandate under Section 3 of the Land Disputes Act. The Registered Land Act confers absolute title to the...
Source-derived case information.
- Citation
- [2007] KEHC 1002 (KLR)
- Parties
- Applicant: Felix Mathenge Murage; Respondent: The Chairman Land Dispute Tribunal; Respondent: Baricho Resident Magistrate Court; Respondent: Tabitha Ngonyo Kariuki
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- ? 181 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Certiorari
- Outcome
- Application allowed. Orders of certiorari granted as prayed.
- Legal Topics
- Jurisdiction of Land Disputes Tribunal, Ownership of Registered Land, Judicial Review Certiorari
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Felix Mathenge Murage
Applicant
The Chairman Land Dispute Tribunal
Respondent
Baricho Resident Magistrate Court
Respondent
Tabitha Ngonyo Kariuki
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Certiorari
Legal Issues
- 1 Whether the Land Disputes Tribunal had jurisdiction to determine ownership of registered land.
- 2 Whether the award and subsequent judgment based on the Tribunal's decision were nullities.
Ratio Decidendi
The court found that the Land Disputes Tribunal acted without jurisdiction when it purported to determine ownership and order subdivision of registered land, as such matters are expressly excluded from its mandate under Section 3 of the Land Disputes Act. The Registered Land Act confers absolute title to the registered owner, and only courts with proper jurisdiction may adjudicate disputes over such title. Consequently, the Tribunal's award was a nullity, and the Resident Magistrate's Court erred in adopting and entering judgment on a void decision. The application for certiorari was therefore allowed, and the impugned award and judgment were quashed.
Court Disposition
Application allowed. Orders of certiorari granted as prayed.
Orders
- The award made on 5/8/2005 by Ndia Land Disputes Tribunal is quashed.
- The judgment and decree adopted by Baricho Resident Magistrate’s Court Land Dispute Tribunal No. 14/2005 are quashed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU
Misc Civil Appli 181 of 2005
FELIX MATHENGE MURAGE ………....…………..………….……….APPLICANT
VERSUS
THE CHAIRMAN LAND DISPUTE TRIBUNAL……….......…1ST RESPONDENT
BARICHO RESIDENT MAGISTRATE COURT….……......…2ND RESPONDENT
TABITHA NGONYO KARIUKI…………………………....……3RD RESPONDENT
RULING
Application dated 20/4/2006 seeks order of certiorari to quash the award made on 5/8/2005 by Ndia Land Disputes Tribunal and the Judgment and decree adopted by Baricho Resident Magistrate’s Court Land Dispute Tribunal No. 14/2005. Applicant also prays for costs. The application is supported by statement dated 6/12/2005 which shows that the award was in respect of ownership Mwerua/Kagioini/881 which ordered subdivision of the land into two portions.
From the record it clear the land is Registered and the members of the Tribunal found that the dispute was a succession matter. However the Tribunal ordered the title No. Mwerua/Kagioini/881 he cancelled and the land be subdivided into 2 portions. The applicant states that the Tribunal had no jurisdiction to deal with ownership of registered land. Provisions of Section 3 Land Disputes Act 18/90 do not empower the Tribunal to deal with ownership of registered land. The provisions of Registered Land Act confers an absolute title to a registered owner and the jurisdiction to deal with issues arising is not granted to the Tribunals. I therefore find that the Tribunal acted without jurisdiction and therefore the award is a nullity. The Resident Magistrate Baricho acted in error entering judgment that was a nullity.
I allow the Application and grant orders as prayed.
Dated this 27th July, 2007.
27/7/2007
Khaminwa – Judge
Njue – Clerk
Read today in open court in presence of Mr. Njiru HB for Magee.
J. N. KHAMINWA
JUDGE