[2012] KEHC 3451 (KLR)
The court found that the Funyula Land Disputes Tribunal acted without jurisdiction when it purported to determine a dispute over title to land registered under the Registered Land Act. Section 3(1) of the Land Disputes Tribunal Act does not empower the tribunal to adjudicate on matters of title or ownership of...
Source-derived case information.
- Citation
- [2012] KEHC 3451 (KLR)
- Parties
- Applicant: John Wambura; Applicant: Anakletus Wambura; Respondent: Budalangi Land Dispute Tribunal; Respondent: Busia Principal Magistrate; Respondent: John Wambura
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 1 of 2011
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- Application allowed. Tribunal award and its adoption quashed.
- Legal Topics
- Jurisdiction of Tribunals, Registered Land Act, Certiorari, Land Title Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Wambura
Applicant
Anakletus Wambura
Applicant
Budalangi Land Dispute Tribunal
Respondent
Busia Principal Magistrate
Respondent
John Wambura
Respondent
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether the Land Disputes Tribunal had jurisdiction to determine disputes relating to land registered under the Registered Land Act.
- 2 Whether the adoption of the tribunal's award by the magistrate's court was valid.
Ratio Decidendi
The court found that the Funyula Land Disputes Tribunal acted without jurisdiction when it purported to determine a dispute over title to land registered under the Registered Land Act. Section 3(1) of the Land Disputes Tribunal Act does not empower the tribunal to adjudicate on matters of title or ownership of registered land. The subsequent adoption of the tribunal's award by the Busia Senior Resident Magistrate did not cure this jurisdictional defect. The award and its adoption were therefore null and void. The court relied on statutory provisions and appellate authority to reach this conclusion, emphasizing that only courts of law have jurisdiction over such disputes.
Court Disposition
Application allowed. Tribunal award and its adoption quashed.
Orders
- The award of the Funyula Land Disputes Tribunal as adopted by the Busia Court is called into the High Court and quashed.
- Costs of the suit to be paid by the Interested Party.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUSIA
JUDICIAL REVIEW 1 OF 2011
1. JOHN WAMBURA……...………………………………………………………………PLAINTIFF
2. ANAKLETUS WAMBURA
VERSUS
1. BUDALANGI LAND DISPUTE TRIBUNAL
2. BUSIA PRINCIPAL MAGISTRATE
3. JOHN WAMBURA………………………….…………………………………RESPONDENTS
J U D G E M E N T
The exparte applicant in his Amended Notice of motion dated 4th June 2011 seeks for an order of certiorari to all into the High Court and quash the order made by the Senior Resident Magistrate Busia on 27/03/02 adopting the ward of Funyula Land Dispute Tribunal as the judgement of the court. The statement in support of the motion contains the facts and grounds in support of the application. The applicants main ground is that the tribunal had no jurisdiction to hear and determine the dispute which relates t land registered under the Registered Land Act. The tribunal gave an order that the suit land title should go to the Interested party.
The interested party supports the decision of the tribunal as set out in its pleadings and submissions.
The jurisdiction of the tribunal is stipulated under section 3 (1) of the Land Disputes Tribunal Act. The tribunal has power to hear disputes relating to:
a)The division of, or the determination of boundaries to landincluding land held in common;
b)a claim to occupy or work land or;
c)trespass to land
The proceedings before the tribunal are very clear that the Interested party was claiming title to Land parcel number Samia/Nambuku-Lugala/501 which was registered in the name of the exparte applicant. His kind of dispute is not included in Section 3 (1) of the Land Disputes Tribunal Act. The Tribunal has no jurisdiction to hear the matter and to order that the title passes from the exparte applicant to the Interested party. It is only the courts of law which have jurisdiction to hear any dispute relating to land registered under the Registered Land Act cap 300. The certified copy of register confirms the registration of the land under the Act. Section 159 of the Act confers jurisdiction to hear land disputes on registered land to the High Court and to the Resident Magistrates court. It is the pecuniary value of the land which determines to which court the dispute shall be heard.
The Funyula Land Disputes tribunals award was made without jurisdiction thus rendering it null and void for all intents and purposes. The award could not be validated by its adoption as judgement by the Busia Senior Resident Magistrate. Such as endorsement by the court was a futile exercise. I rely on Civil Appeal no.256 of 2002 Kisumu where the Court of Appeal in a case with similar acts held that the tribunal had no jurisdiction.
The application dated 07/06/04 is hereby allowed. The award of the Funyula Land Disputes Tribunal as adopted by the Busia Court is hereby called into this court and quashed accordingly. The costs of the suit to be paid by the Interested Party.
F.N. MUCHEMI
J U D G E
Judgement dated and delivered on the 28th day of May 2012 in the presence of none attendance for parties though notifed.
L. KIMARU
J U D G E