[2008] KEHC 2188 (KLR)

[2008] KEHC 2188 (KLR)

The court found that the Mbeere District Land Adjudication Committee acted without jurisdiction when it purported to order the cancellation of a title registered under the Registered Land Act, Cap 300, and when it made decisions concerning land belonging to a deceased person. The lack of jurisdiction rendered the...

Source-derived case information.

Citation
[2008] KEHC 2188 (KLR)
Parties
Applicant: Namu Njanguru; Respondent: The Mbeere District Land Adjudication Committee; Interested Party: Njeru Gakuya
Court
High Court
Court Station
High Court at Embu
Jurisdiction
Kenya
Case Number
? 15 of 2007
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Certiorari
Outcome
application allowed
Legal Topics
Judicial Review, Certiorari, Land Adjudication, Jurisdiction of Statutory Bodies
Source Language
en
Land and Property Civil Procedure Judicial Review Certiorari Land Adjudication Jurisdiction of Statutory Bodies

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Summary, issues, holding and outcome

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Parties

Namu Njanguru

Applicant

The Mbeere District Land Adjudication Committee

Respondent

Njeru Gakuya

Interested Party

Procedural Posture

Miscellaneous Application / Ruling on Notice of Motion for Certiorari

Legal Issues

  1. 1 Whether the Mbeere District Land Adjudication Committee had jurisdiction to order cancellation of a title registered under the Registered Land Act, Cap 300.
  2. 2 Whether the Committee had jurisdiction to decide on land belonging to a deceased person.

Ratio Decidendi

The court found that the Mbeere District Land Adjudication Committee acted without jurisdiction when it purported to order the cancellation of a title registered under the Registered Land Act, Cap 300, and when it made decisions concerning land belonging to a deceased person. The lack of jurisdiction rendered the Committee's decision a nullity, warranting the grant of an order of certiorari to quash the impugned decision. The court allowed the application and granted the orders as prayed, with costs to the applicant.

Court Disposition

application allowed

Orders

  • Order of certiorari granted to quash the decision of the Mbeere District Land Adjudication Committee.
  • Costs awarded to the ex parte applicant.