[2007] KEHC 139 (KLR)
The court found that the Provincial Land Appeals Committee acted without jurisdiction by making a determination on registered land, which is expressly outside the scope of its statutory powers. Furthermore, the applicant, as the registered owner of the land, was not made a party to the proceedings and was not heard,...
Source-derived case information.
- Citation
- [2007] KEHC 139 (KLR)
- Parties
- Applicant: Joe Mbogo Gate; Respondent: Eusephia Njura Kinya
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- ? 28 of 2002
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- Application allowed. Orders of certiorari and prohibition granted with costs to the applicant.
- Legal Topics
- Judicial Review, Natural Justice, Registered Land, Land Tribunal Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joe Mbogo Gate
Applicant
Eusephia Njura Kinya
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether the Provincial Land Appeals Committee acted in excess of its jurisdiction by adjudicating on registered land.
- 2 Whether the applicant was denied the right to be heard, contrary to the rules of natural justice.
- 3 Whether judicial review is the appropriate remedy for challenging the tribunal's decision.
Ratio Decidendi
The court found that the Provincial Land Appeals Committee acted without jurisdiction by making a determination on registered land, which is expressly outside the scope of its statutory powers. Furthermore, the applicant, as the registered owner of the land, was not made a party to the proceedings and was not heard, resulting in a clear violation of the rules of natural justice. The court emphasized that judicial review is concerned with the legality of the decision-making process rather than the merits of the dispute. Since the tribunal's decision was made without jurisdiction and in breach of natural justice, the orders of certiorari and prohibition were warranted.
Court Disposition
Application allowed. Orders of certiorari and prohibition granted with costs to the applicant.
Orders
- Orders of certiorari and prohibition are granted against the decision of the Provincial Land Appeals Committee Eastern Province dated 31/5/2001.
- The applicant is awarded costs of the application.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT EMBU
MISC CIVIL APP NO. 28 OF 2002
JOE MBOGO GATE…………………………………………………APPLICANT
VERSUS
EUSEPHIA NJURA KINYA…………………….………………..RESPONDENT
JUDGMENT IN JUDICIAL REVIEW
Notice of Motion dated 22/6/2002 seeking Orders for Certiorari and Prohibition against the decision of Provincial land Appeals Committee Eastern Province dated 31/5/2001.
On the grounds that the Tribunal acted in excess of jurisdiction and against the rules of Natural Justice. The Tribunal dealt with registered land which is registered in the Ex parte applicant. The exparte applicant is the registered owner but was not a party to the proceedings.
I have perused the proceedings and the award of the Tribunal of Title Deed for Plot No. Kyeni/Mufu/4447 which was on twenty third June 2000 issued to the ex parte applicant.
It is my finding that the ex parte applicant whose land was awarded to other persons should have been a necessary party in the proceedings. As it is his land and rights thereon granted under the provisions of Registered Land Act were taken away from him without him being heard by tribunal. This is contrary to the basic principles of Natural Justice that all parties with interest in a dispute before court must be heard. Also the Land Disputes Tribunal is restricted in dealings with issues of ownership of land especially Registered land. It appears the Interested Party thinks the Exparte applicant has other land and that this court should protect interests of the interested party. In this regard it is clear that Judicial Review is not for solving disputes between the parties and this court is not empowered to examine the merits of the case. It is only to examine decision making process by the statutory body that is appointed to decide disputes to see to it that it keeps within the law.
In this case I have said above that the decision of the Tribunals was without jurisdiction and violated the rules of natural justice. I
therefore allow application and grant orders sought with costs.
Dated this 18th May, 2007.
J. N. KHAMINWA
JUDGE
18/5/2007
Khaminwa – Judge
Njue –Clerk
Mr. Momanyi for Applicant
Ruling read in his presence.
J. N. KHAMINWA
JUDGE