[2008] KEHC 3057 (KLR)
The court found that the Appeals Committee correctly applied the law by recognizing that the land was registered absolutely in the respondent's name and that there was no indication of a trust on the Green Card. The Land Disputes Act does not empower the tribunal or committee to determine ownership of registered...
Source-derived case information.
- Citation
- [2008] KEHC 3057 (KLR)
- Parties
- Appellant: Mugo Nyaga; Respondent: Njeru Muruakea
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- ? 59 of 2006
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Customary Trust, Registered Land, Jurisdiction of Land Disputes Tribunals, Appeals Committee Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mugo Nyaga
Appellant
Njeru Muruakea
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the Appeals Committee erred by failing to specify the documents used in its decision.
- 2 Whether the Appeals Committee failed to consider evidence of customary trust over the land.
- 3 Whether the Appeals Committee considered extraneous matters not adduced in evidence.
Ratio Decidendi
The court found that the Appeals Committee correctly applied the law by recognizing that the land was registered absolutely in the respondent's name and that there was no indication of a trust on the Green Card. The Land Disputes Act does not empower the tribunal or committee to determine ownership of registered land or claims of trust. The court also found no evidence that extraneous matters were considered. Consequently, the appeal lacked merit and was dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU
Civil Case 59 of 2006
MUGO NYAGA………………………....……………………APPELLANT
VERSUS
NJERU MURUAKEA……………………………………RESPONDENT
JUDGMENT
This appeal is against the decision against the award of Eastern Provincial Lands Dispute in the Appeal Committee appeal Case No. 45 of 2005 and Award read in Embu Senior Principal Magistrate Award No. 16/2006 read on 27/7/2006. The grounds of Appeal are set out as follows:-
1. The Appeals Committee failed to specify the documents used to arrive at its decision
2. The Appeals Committee failed to consider that the evidence on record points to the existence of customary trust.
3. That the Appeals Committee erred when it considered extraneous matters that were not part of evidence adduced in court by the parties.
On the first ground the Appeals Committee mentioned verifying documents that could only have been the green card which is a record of the history of the registration of the relevant parcel of land. Regarding the ground numbered 2. The Appeals Committee found that the land was registered as Gaturi/Nembure/1831 and the Green Card did not indicate that the title was held in trust for anyone. And therefore the Respondent held the land absolutely in terms of Registered Land Act Cap.300. The Land Disputes Act 18/1990 does not empower the Tribunals to decide on the issue of ownership of registered land or issues of claims of trust.
Regarding ground numbered 3 it is clear that the Appellant has taken no steps to claim the land since he left in 1965.
It is my view that the Appeals Committee applied correct principles of law within their powers and I do not see any use of extraneous matters or evidence in their decision. For above reason this appeal is dismissed with no order as to costs.
Dated this 12th February, 2008.
J. N. KHAMINWA
JUDGE
12/2/2008
Khaminwa – Judge
Njue – Clerk
Appellant present
Respondent present
Read in open court.
J. N. KHAMINWA
JUDGE