[2007] KEHC 2963 (KLR)
The court held that the Land Disputes Tribunals had no jurisdiction to determine disputes relating to ownership and title of land registered under the Registered Land Act. Section 3(1) of the Land Disputes Tribunals Act, 1990 expressly limits the tribunals' jurisdiction to boundaries, occupation, and trespass, and...
Source-derived case information.
- Citation
- [2007] KEHC 2963 (KLR)
- Parties
- Appellant: Margaret Muthoni Kirunyu; Respondent: Konan Nyasai Ole Kinyanjui
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 570 of 2002
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- Appeal allowed. Awards of both Tribunals set aside. Costs to the appellant.
- Judges
- ARM Visram
- Legal Topics
- Jurisdiction of Land Disputes Tribunals, Registered Land Act, Title to Land, Ultra Vires Actions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Muthoni Kirunyu
Appellant
Konan Nyasai Ole Kinyanjui
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the Land Disputes Tribunals had jurisdiction to determine disputes relating to ownership and title of registered land under the Registered Land Act.
- 2 Whether the Awards of the District and Appeals Tribunals were null and void for acting beyond their statutory powers.
Ratio Decidendi
The court held that the Land Disputes Tribunals had no jurisdiction to determine disputes relating to ownership and title of land registered under the Registered Land Act. Section 3(1) of the Land Disputes Tribunals Act, 1990 expressly limits the tribunals' jurisdiction to boundaries, occupation, and trespass, and does not confer power to adjudicate on title or ownership. As such, both the District and Appeals Tribunals acted ultra vires the statute, rendering their Awards null and void. The High Court therefore allowed the appeal and set aside the Awards, with costs to the appellant.
Court Disposition
Appeal allowed. Awards of both Tribunals set aside. Costs to the appellant.
Orders
- The appeal is allowed.
- The Awards of both the District and Appeals Tribunals are set aside.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Civil Appeal 570 of 2002
MARGARET MUTHONI KIRUNYU ………………. APPELLANT
VERSUS
KONAN NYASAI OLE KINYANJUI ….…...……. RESPONDENT
(An Appeal from the Award of Rift Valley Provincial Land Disputes Appeal Tribunal dated 17th September, 2002 in Case No. 10 of 2002)
JUDGMENT
On 17th September, 2002, the Rift Valley Provincial Land Disputes Appeals Tribunal (hereinafter “the Appeals Tribunal”) upheld the decision of the District Land Disputes Tribunal (hereinafter “the District Tribunal”) and ordered the transfer of the suit land, Kajiado/Kisaju/56, to the Respondent.
The suit land is registered under the Registered Land Act (RLA) in the name of the Appellant’s late husband, and was so registered at the time of the dispute before both the above Tribunals.
The Appellant has now come before this Court, by way of an appeal against the decision of the Appeals Tribunal, to set aside the said Award, principally on the ground that this being registered land under RLA, the Tribunals had no jurisdiction to deal with the same under the Land Disputes Tribunals Act, 1990. I agree with the Appellant’s Counsel, Mr. Kahiga, that that is indeed the correct position in law.
Section 3(1) of that Act sets out the jurisdiction of the Tribunals as follows:
“(a) The determination of boundaries to land including land held in common.
(b) Claim to occupy or work on land or
(c) Trespass to land.”
There is no provision donating any powers to the Appeals Tribunal and the District Tribunal to hear and determine disputes relating to ownership of land and in particular title to land.
Both the tribunals acted ultra vires the statute, and their Awards are a nullity.
Accordingly, I allow this appeal, and set aside the Awards of both the Tribunals, with costs to the Appellant.
Dated and delivered at Nairobi this 22nd day of January, 2007.
ALNASHIR VISRAM
JUDGE