[2011] KEHC 4184 (KLR)
The court found that the appellant had no valid claim to the disputed land, as his deceased father had lawfully subdivided and sold the land to the respondent's father for valuable consideration. The Land Disputes Tribunal and the Principal Magistrate's Court correctly dismissed the appellant's claim and adopted the...
Source-derived case information.
- Citation
- [2011] KEHC 4184 (KLR)
- Parties
- Appellant: Hussein Mohammed Hassan; Respondent: David Makupa Ogana
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 26 of 2008
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Land Disputes Tribunal Jurisdiction, Beneficial Interest in Registered Land, Locus Standi, Adoption of Tribunal Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hussein Mohammed Hassan
Appellant
David Makupa Ogana
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the appellant had a valid claim to L.R. No. Bhukayo/Mundika/7391.
- 2 Whether the Busia Land Disputes Tribunal had jurisdiction over the dispute concerning registered land.
- 3 Whether the appellant had locus standi to file the suit before the Tribunal.
Ratio Decidendi
The court found that the appellant had no valid claim to the disputed land, as his deceased father had lawfully subdivided and sold the land to the respondent's father for valuable consideration. The Land Disputes Tribunal and the Principal Magistrate's Court correctly dismissed the appellant's claim and adopted the tribunal's decision. Furthermore, the appellant may have lacked locus standi to bring the claim, and the tribunal may not have had jurisdiction to determine beneficial interests in registered land. The appeal was therefore dismissed as lacking merit.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT BUSIA
CIVIL APPEAL NO.26 OF 2008
HUSSEIN MOHAMMED HASSAN ...........................................................................................APPELLANT
VERUS
DAVID MAKUPA OGANA .......................................................................................................RESPONDENT
( From the decree and order of the Principal MagistrateBusia in Busia P.M. LD No 41 of 2007)
JUDGMENT
The appeal arises from the orders of the Busia Principal Magistrate adopting a decision of Busia Land Disputes Tribunal in Tribunal case no. Land of 2006 dated 10/1/2007.
In the above proceedings the appellant herein Hussein Mohamed Hassan sought a return of L.R. No. Bhujayo/Mundika/7391 ( from the original no. 978). The court found that the piece of land being only one subdivision of the six subdivisions had been sold to one Wilson Ogona Osolo, deceased by one Hassan Mbago deceased. The latter was the father of the appellant while the Respondent herein David Makuda Ogana is the son of Wilson Ogana Osolo, deceased, aforementioned.
The record shows that the Busia Land Disputes Tribunal which heard the dispute, found that the appellant who was the claimant before it had no good claim to the land in dispute. It dismissed the claim on merit. The Busia Principal Magistrate’s Court adopted the decision of the Land Disputes Tribunal under Land Disputes No. 41 of 2007, as required by the provisions of the Land Disputes Tribunal Act, 1990 after taking into account a confirming decision of Kakamega, Provincial Land Disputes Appeal Tribunal Case No. 113 of 2007 arising from Busia Land Disputes Tribunal aforestated.
I have carefully perused the records of the tribunals aforestated which have also carefully considered in the face of the grounds of appeal of the appellant. I am of the view that the grounds of appeal have no merit. The appellant’s deceased’s father subdivided his piece of land then known as L.R. No. Bhukayo/Mundika/978 into six subdivisions ie Bukhayo/Mundika/9386 to 9393. He sold L.R.No Bhukayo/Mundika/7391 to the Respondent’s father, Wilson Ogana Osodo for a valuable consideration of Kshs1500/-. Accordingly the appellant Hussein Mohammed Hassan, the respondent had no valid claim, as the Tribunal found.
It is also observed that the appellant may not only have had no locus standi to file the suit before the Tribunal but may not have established that the Busia Land Dispute Tribunal had jurisdiction to entertain a beneficial interest in a registered land under the Registered Land Act, Cap 300 of the Laws of Kenya.
This appeal has no merit. It is hereby dismissed with costs to the Respondent.
Orders accordingly.
Dated and delivered at Busia this 8th Day of February 2011.
D. A. ONYANCHA
JUDGE