[2018] KEELC 4368 (KLR)

[2018] KEELC 4368 (KLR)

The court found that the District Land Disputes Tribunal lacked jurisdiction to determine disputes concerning ownership of registered land, as its mandate was limited to boundary, occupation, or trespass issues. Since the suit land had already been adjudicated and registered in the Appellant's name, and any...

Source-derived case information.

Citation
[2018] KEELC 4368 (KLR)
Parties
Appellant: Mwambu Mbuvi Maingi; Respondent: Kavithe Kimanzi
Court
Environment and Land Court
Court Station
Environment and Land Court at Machakos
Jurisdiction
Kenya
Judgment Date
2 March 2018
Case Number
Environment and Land Appeal 135 of 2011
Procedural Posture
Land Appeal / Judgment
Outcome
appeal allowed
Judges
OA Angote
Legal Topics
Jurisdiction of Land Disputes Tribunal, Adjudication Process, Title Registration, Setting Aside Tribunal Awards
Source Language
english
Land and Property Civil Procedure Jurisdiction of Land Disputes Tribunal Adjudication Process Title Registration Setting Aside Tribunal Awards

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Summary, issues, holding and outcome

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Parties

Mwambu Mbuvi Maingi

Appellant

Kavithe Kimanzi

Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether the District Land Disputes Tribunal had jurisdiction to determine disputes relating to ownership of registered land.
  2. 2 Whether the Appeals Committee erred in failing to set aside the Tribunal's decision and in holding that the Appellant had no locus standi.

Ratio Decidendi

The court found that the District Land Disputes Tribunal lacked jurisdiction to determine disputes concerning ownership of registered land, as its mandate was limited to boundary, occupation, or trespass issues. Since the suit land had already been adjudicated and registered in the Appellant's name, and any objections during the adjudication process had been dismissed, the Tribunal's award and the Appeals Committee's decision were nullities. The Appeals Committee erred by failing to address the jurisdictional issue and by upholding the Tribunal's decision. The court therefore allowed the appeal, set aside the Tribunal and Appeals Committee awards, and ordered rectification of the land...

Court Disposition

appeal allowed

Orders

  • The Appeal is allowed and the Awards of Churuni Division Land Dispute No. LDT 04/99 and Eastern Land Disputes Appeals Committee Case No. 39/99 are declared nullities ab initio.
  • All orders issued by the Churuni Division Land Dispute Tribunal Case No. 4 of 1999 and Embu Land Disputes Appeals Committee Case No. 39 of 1999 are set aside.