[2008] KEHC 2186 (KLR)
The court found that the Embu District Land Disputes Tribunal acted outside its jurisdiction by making orders affecting land that was a first registration under the Registered Land Act. The Tribunal's powers are strictly limited by statute and do not extend to interfering with the ownership of land where title is...
Source-derived case information.
- Citation
- [2008] KEHC 2186 (KLR)
- Parties
- Applicant: Kiria Ngoroi; Respondent: Peter Karuithi Gakuthi; Respondent: Chairman Embu Land Disputes Tribunal; Respondent: Chief Magistrate Embu
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- ? 9 of 2007
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- Application allowed; orders granted as prayed.
- Legal Topics
- Jurisdiction of Land Disputes Tribunal, First Registration Under Registered Land Act, Quashing of Tribunal Decisions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kiria Ngoroi
Applicant
Peter Karuithi Gakuthi
Respondent
Chairman Embu Land Disputes Tribunal
Respondent
Chief Magistrate Embu
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the Embu District Land Disputes Tribunal had jurisdiction over land that is a first registration under the Registered Land Act.
- 2 Whether the Tribunal could interfere with the ownership of a proprietor whose title is guaranteed under the Registered Land Act.
Ratio Decidendi
The court found that the Embu District Land Disputes Tribunal acted outside its jurisdiction by making orders affecting land that was a first registration under the Registered Land Act. The Tribunal's powers are strictly limited by statute and do not extend to interfering with the ownership of land where title is guaranteed under the Registered Land Act. Consequently, the Tribunal's decision and the subsequent decree by the Trial Magistrate were unlawful and must be quashed.
Court Disposition
Application allowed; orders granted as prayed.
Orders
- The decision of the Embu District Land Disputes Tribunal is quashed.
- The subsequent decree issued by the Trial Magistrate is quashed.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU Misc. Appli. 9 of 2007
KIRIA NGOROI……………………………………………APPLICANT
AND
PETER KARUITHI GAKUTHI
CHAIRMAN EMBU…………………………………1ST RESPONDENT
LAND DISPUTES TRIBUNAL………………………..2ND RESPONDENT
CHIEF MAGISTRATE EMBU………………………...3RD RESPONDENT
RULING
The applicant has filed Notice of Motion seeking to quash the decision of Embu District Land Disputes Tribunal and subsequent decree issued by the Trial Magistrate.
The grounds are set out in the application that the Tribunal acted without jurisdiction where the land is a first Registration under Registered Land Act.
I have read the application and statement and verifying affidavit. I have also heard submission by both counsels Section 3 (1) of Land Dispute Tribunal Act 18/1990 limits the jurisdiction of the tribunal to matters stated under 3 (1) (a) (b) and (c).
There is no power to interfere with the ownership of the proprietor whose title is guaranteed under that Act 300 Section 27 & 28.
In the circumstances the application is allowed and orders granted as prayed.
Dated this 25th April, 2008.
J. N. KHAMINWA
JUDGE
25/4/2008
Khaminwa – Judge
Njue – Clerk
Mr. Mutahi and Mr. Muraguri HB
Read in open court.
J. N. KHAMINWA
JUDGE