[2014] KEHC 3473 (KLR)

[2014] KEHC 3473 (KLR)

The court found that the application for stay of execution was fatally defective as it was not brought under the proper procedural rules (Order 22 Rule 25 of the Civil Procedure Rules). Furthermore, the Land Disputes Tribunal exceeded its jurisdiction by cancelling the plaintiff's title, a power it did not possess...

Source-derived case information.

Citation
[2014] KEHC 3473 (KLR)
Parties
Plaintiff: Ndiogo Ole Taruru; Defendant: Mary Benson Kuyo; Defendant: Selifina Wanjiru Thendeu
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
11 July 2014
Case Number
Environment & Land Case 5 of 2012
Procedural Posture
Civil Suit / Ruling on Application for Stay of Execution and Striking Out of Suit
Outcome
Application dismissed and suit struck out with costs to the defendants.
Judges
L Waithaka
Legal Topics
Land Ownership Disputes, Jurisdiction of Tribunals, Natural Justice, Procedural Defects, Constitutional Petitions
Source Language
english
Land and Property Civil Procedure Land Ownership Disputes Jurisdiction of Tribunals Natural Justice Procedural Defects Constitutional Petitions

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Summary, issues, holding and outcome

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Parties

Ndiogo Ole Taruru

Plaintiff

Mary Benson Kuyo

Defendant

Selifina Wanjiru Thendeu

Defendant

Procedural Posture

Civil Suit / Ruling on Application for Stay of Execution and Striking Out of Suit

Legal Issues

  1. 1 Whether the application for stay of execution of the decree and tribunal award is properly before the court.
  2. 2 Whether the Land Disputes Tribunal had jurisdiction to cancel the plaintiff's title.
  3. 3 Whether the plaintiff was denied the right to be heard in violation of natural justice.

Ratio Decidendi

The court found that the application for stay of execution was fatally defective as it was not brought under the proper procedural rules (Order 22 Rule 25 of the Civil Procedure Rules). Furthermore, the Land Disputes Tribunal exceeded its jurisdiction by cancelling the plaintiff's title, a power it did not possess under the repealed Land Disputes Tribunal Act. The plaintiff was not made a party to the tribunal proceedings, violating the principle of natural justice and his right to be heard. However, the court held that the plaintiff's challenge to the tribunal's decision, which raises constitutional issues regarding denial of fair hearing and property rights, should have been brought as...

Court Disposition

Application dismissed and suit struck out with costs to the defendants.

Orders

  • The application for stay of execution is dismissed.
  • The suit is struck out as incompetent.