[2009] KEHC 2077 (KLR)
The court found that the Land Dispute Tribunal acted outside its jurisdiction by making orders that determined ownership and revoked title to land. The title in question was issued after a lawful adjudication process, and only a court of law has the authority to revoke such a title. As a result, the orders made by...
Source-derived case information.
- Citation
- [2009] KEHC 2077 (KLR)
- Parties
- Plaintiff: Republic; Respondent: Msambweni Land Dispute Tribunal; Applicant: Sultan Khan Abdulla; Applicant: Fulnak Sultan Jihan; Interested Party: Ramadhani Swalehe Mwatapha; Interested Party: Swalehe Abdalla Mwatapha
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 27 of 2009
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- application allowed
- Legal Topics
- Jurisdiction of Tribunals, Land Title Revocation, Adjudication of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Plaintiff
Msambweni Land Dispute Tribunal
Respondent
Sultan Khan Abdulla
Applicant
Fulnak Sultan Jihan
Applicant
Ramadhani Swalehe Mwatapha
Interested Party
Swalehe Abdalla Mwatapha
Interested Party
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether the Land Dispute Tribunal had jurisdiction to determine questions of ownership and revocation of title.
- 2 Whether the orders made by the Tribunal were valid in law.
Ratio Decidendi
The court found that the Land Dispute Tribunal acted outside its jurisdiction by making orders that determined ownership and revoked title to land. The title in question was issued after a lawful adjudication process, and only a court of law has the authority to revoke such a title. As a result, the orders made by the Tribunal were invalid for want of jurisdiction. The court granted the primary prayer of the Notice of Motion, with costs awarded against the interested party.
Court Disposition
application allowed
Orders
- Prayer 1 of the Notice of Motion dated 9.3.09 is granted.
- Costs awarded against the interested party.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
Misc Civil Appli 27 of 2009
IN THE MATTER OF: AN APPLICATION BY SULTAN KHAN ABDULLA& FULNAK SULTANI KHAN
AND
IN THEMATTER OF: THE CIVIL PROCEDURE ACT & RULES ORDERLIII, RULES 1,2,3 AND 4
AND
KWALE/LAND AWARD NO. 54 OF 2005 INRESPECT OF KWALE/DIANI SETTLEMENTSCHEME/201
AND
IN THE MATTER OF: KWALE DISTRICT LAND DISPUTE TRIBUNALCASE NO. 54 OF 2005
REPUBLIC.............................................................................................PLAINTIFF
-VERSUS-
MSAMBWENI LAND DISPUTE TRIBUNAL ………………..RESPONDENT
AND
RAMADHANI SWALEHE MWATAPHA
SWALEHE ABDALLA MWATAPHA…………....……...INTERESTED PARTY
EXPARTE
SULTAN KHAN ABDULLA
FULNAK SULTAN JIHAN …….………………….………………APPLICANTS
J U D G M E N T
I am satisfied that the Interested Party was duly served. The Respondent is not opposed to the application. The Interested party appears to have filed a separate suit to seek the same orders granted by the Tribunal.
On the merits, I find that the Tribunal in effect made orders determining questions of ownership and revocation of title. It clearly had no jurisdiction to grant the orders made. The title was issued after adjudication of land and it is only a court of law which can revoke the said title.
I do grant prayer 1 of the Notice of Motion dated 9. 3.09 with costs against the Interested Party.
Dated at Mombasa this 1st day of September 2009.
M. K. IBRAHIM
J U D G E