[2005] KEHC 3202 (KLR)

[2005] KEHC 3202 (KLR)

The High Court held that the Land Disputes Tribunal had jurisdiction to adjudicate disputes over title to land, including land registered under the Registered Land Act, where the dispute falls within Section 3(1) of the Land Disputes Tribunals Act, and that customary law applies in such cases. However, the Tribunal is bound by the law of limitation and res judicata. In this case, the applicant's argument on limitation could have succeeded, but the application for certiorari was fundamentally incompetent because the Tribunal's decision had already been adopted as a judgment of the Principal Magistrate's Court at Kerugoya. Once adopted, the Tribunal's decision ceased to exist independently...

Citation
[2005] KEHC 3202 (KLR)
Parties
Applicant: Republic; Respondent: Chairman Land Disputes Tribunal Kirinyaga District; Respondent: Albert Gachoki Muroko; Applicant: Peter Maru Kariuki
Court
High Court
Court Station
High Court at Nyeri
Jurisdiction
Kenya
Judgment Date
5 July 2005
Case Number
Miscellaneous Civil Application 129 of 2004
Procedural Posture
Miscellaneous Application / Judgment
Outcome
application dismissed
Legal Topics
Jurisdiction of Land Disputes Tribunal, Customary Law Application, Limitation of Actions, Judicial Review Procedure
Source Language
English
Land and Property Civil Procedure Jurisdiction of Land Disputes Tribunal Customary Law Application Limitation of Actions Judicial Review Procedure

Case Brief

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Parties

Republic

Applicant

Chairman Land Disputes Tribunal Kirinyaga District

Respondent

Albert Gachoki Muroko

Respondent

Peter Maru Kariuki

Applicant

Procedural Posture

Miscellaneous Application / Judgment

Legal Issues

  1. 1 Whether the Land Disputes Tribunal had jurisdiction to determine disputes relating to title to land registered under the Registered Land Act.
  2. 2 Whether the Tribunal erred in law by failing to consider the law of limitation as required by statute.
  3. 3 Whether a decision of the Tribunal, once adopted as a judgment of the magistrate's court, can be quashed independently by certiorari.

Ratio Decidendi

The High Court held that the Land Disputes Tribunal had jurisdiction to adjudicate disputes over title to land, including land registered under the Registered Land Act, where the dispute falls within Section 3(1) of the Land Disputes Tribunals Act, and that customary law applies in such cases. However, the Tribunal is bound by the law of limitation and res judicata. In this case, the applicant's argument on limitation could have succeeded, but the application for certiorari was fundamentally incompetent because the Tribunal's decision had already been adopted as a judgment of the Principal Magistrate's Court at Kerugoya. Once adopted, the Tribunal's decision ceased to exist independently...

Court Disposition

application dismissed

Orders

  • The Notice of Motion dated 14th July, 2004 is dismissed with costs to the 2nd Respondent.