[2006] KEHC 98 (KLR)
The court held that the Meru South District Land Dispute Tribunal acted without jurisdiction when it purported to determine ownership and order subdivision of land registered under the Registered Land Act. The Registered Land Act vests exclusive rights in the registered proprietor, and the Land Disputes Tribunal Act...
Source-derived case information.
- Citation
- [2006] KEHC 98 (KLR)
- Parties
- Applicant: M’Chabara M’Ukabi; Respondent: The Chairman Meru South District Land Dispute Tribunal
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 2 of 2006
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- Application allowed. Orders of certiorari granted as prayed.
- Legal Topics
- Jurisdiction of Land Disputes Tribunal, Registered Land, Certiorari, Quashing of Tribunal Decisions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M’Chabara M’Ukabi
Applicant
The Chairman Meru South District Land Dispute Tribunal
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether the Meru South District Land Dispute Tribunal had jurisdiction to determine ownership of registered land under the Registered Land Act.
- 2 Whether the decision of the Tribunal regarding subdivision and distribution of registered land was lawful.
Ratio Decidendi
The court held that the Meru South District Land Dispute Tribunal acted without jurisdiction when it purported to determine ownership and order subdivision of land registered under the Registered Land Act. The Registered Land Act vests exclusive rights in the registered proprietor, and the Land Disputes Tribunal Act does not empower the Tribunal to adjudicate on ownership of registered land. Consequently, the Tribunal's decision was null and void for want of jurisdiction, and the applicant was entitled to an order of certiorari to quash the Tribunal's decision.
Court Disposition
Application allowed. Orders of certiorari granted as prayed.
Orders
- The decision of the Meru South District Land Dispute Tribunal is quashed by an order of certiorari.
Full Case Text
Judgment text and source record
10 paragraphs
M’CHABARA M’UKABI………………………………………....................………..APPLICANT
VERSUS
THE CHAIRMAN MERU SOUTH DIST LAND DISPUTE TRIBUNAL…….RESPONDENT
JUDGMENT
Notice of Motion dated 23/2/2006 seeks Orders of Certiorari to quash the decision of Meru South District Land Dispute Tribunal.
The application is brought under Law Reform Act Section 8 and 9 and Order 53 CPC. The subject matter is registered Land Karingani/ Ndagani/655. The decision of the tribunal was that he said land be subdivided and be distributed to the sons of the Exparte Applicant. The issue here is whether the Tribunal Land Jurisdiction to deal with the Exparte applicant i registered land and ownership thereof Registered Land under Registered Land Act Cap. 300 is held by proprietor whose title is guaranteed by the state. The dealings in registered land are in the hands of the registered proprietor. Act 18 of 1990 which established Land Disputes Tribunal does not authorize the Tribunal to decide on the issue of ownership of registered land.
I therefore find that the decision by Land Disputes Tribunal was without jurisdiction and the application is allowed and orders granted as prayed.
Dated 27th September, 2006.
J. N. KHAMINWA
JUDGE