[2017] KEELC 1618 (KLR)
The court found that the Eastern Province Appeals Committee correctly determined that neither the district nor the provincial land disputes tribunals had jurisdiction over disputes involving registered land with a title deed. Since the committee's decision was not appealed, it became final. Consequently, there was...
Source-derived case information.
- Citation
- [2017] KEELC 1618 (KLR)
- Parties
- Appellant: Murungi Rutere; Respondent: Miriti Rucha
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 55 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Status/disposal
- Outcome
- Appeal marked as disposed of; file removed from register of pending cases.
- Judges
- FM Njoroge
- Legal Topics
- Registered Land Disputes, Jurisdiction of Tribunals, Appeals Process, Title Deeds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Murungi Rutere
Appellant
Miriti Rucha
Respondent
Procedural Posture
Civil Appeal / Ruling on Status/disposal
Legal Issues
- 1 Whether the district and provincial land disputes tribunals had jurisdiction to determine disputes involving registered land with a title deed.
- 2 Whether the decision of the Eastern Province Appeals Committee was appealed against in accordance with the law.
Ratio Decidendi
The court found that the Eastern Province Appeals Committee correctly determined that neither the district nor the provincial land disputes tribunals had jurisdiction over disputes involving registered land with a title deed. Since the committee's decision was not appealed, it became final. Consequently, there was no live dispute before the court, and the matter was marked as disposed of and removed from the register of pending cases.
Court Disposition
Appeal marked as disposed of; file removed from register of pending cases.
Orders
- This file is marked as disposed of.
- The file is to be removed from the register of pending cases.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CIVIL APPEAL CASE NO. 55 OF 2017
FORMERLY MERU ELC CIVIL APPEAL CASE NO. 146 OF 2013
MURUNGI RUTERE.................................APPELLANT
VERSUS
MIRITI RUCHA......................................RESPONDENT
RULING
1. In this matter, the Eastern Province Appeals Committee delivered its decision on 19/7/2011.
2. It ruled as follows:
FINDINGS
1. From the green card we have found that the parcel of land No. Mwimbi/Chogoria/3920 is from sub-division of land parcel No. Mwimbi/Chogoria/3673, the original owner of land parcel No.Mwimbi/Chogoria/3920 is Kagweni Rutere who transferred the land to John Ndereba, who too transferred it to Aphard Miriti Rucha and wife Sivira Kanini Miriti.
2. We have too found that Siviria Kanini Miriti did not present herself at Provincial land dispute tribunal and at the Maara district land tribunal.
3. The original owner of the disputed parcel of and Mwimbi/Chogoria/3920 is deceased and hence not present; he was presented by his son Murungi Rutere who has no power of attorney. We too found that the Maara district land tribunal was heard by power of attorney. We too found that the Maara district land tribunal was heard by five (5) elders, but only four (4) signed the proceedings, one elder Kanampiu did not sign.
RULING
Since the piece of land is registered, neither the district land disputes tribunal nor the Provincial land disputes tribunal has authority to hear and determine the case of a registered land with a title deed. Hence we quashed the Maara district land tribunal and advised the parties to lodge their appeal to the high court, if they so wishes.
3. The handwritten ruling was signed by the chairman and 2 elders.
4. My perusal of the court file shows that this decision was never appealed against.
5. In the circumstances, it is directed that this file be marked as disposed of and that it be removed from the register of pending cases.
6. It is so ordered.
Delivered in chambers at Chuka this 9th day of October, 2017 in the presence of:
CA: Ndegwa
P.M. NJOROGE
JUDGE