[2010] KEHC 360 (KLR)
The High Court found that the Embu District Land Disputes Tribunal acted outside its statutory jurisdiction by ordering the subdivision and cancellation of title to registered land. The land in question was registered under Cap 300 of the Laws of Kenya, which places such matters outside the Tribunal's mandate as...
Source-derived case information.
- Citation
- [2010] KEHC 360 (KLR)
- Parties
- Applicant: Njeru Thagicha; Respondent: The Chairman Embu Land Disputes Tribunal; Respondent: Ann Karimi Njeru
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 53 of 2008
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Certiorari
- Outcome
- Application allowed. Tribunal award quashed.
- Judges
- J Karanja
- Legal Topics
- Judicial Review, Tribunal Jurisdiction, Registered Land, Certiorari
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Njeru Thagicha
Applicant
The Chairman Embu Land Disputes Tribunal
Respondent
Ann Karimi Njeru
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Certiorari
Legal Issues
- 1 Whether the Embu District Land Disputes Tribunal had jurisdiction to order the subdivision and cancellation of title to registered land.
- 2 Whether the Tribunal's decision should be quashed by an order of certiorari.
Ratio Decidendi
The High Court found that the Embu District Land Disputes Tribunal acted outside its statutory jurisdiction by ordering the subdivision and cancellation of title to registered land. The land in question was registered under Cap 300 of the Laws of Kenya, which places such matters outside the Tribunal's mandate as defined by Section 3(1) of the Land Disputes Tribunal Act. The Tribunal is not empowered to determine ownership or cancel title deeds; these powers are reserved for conventional courts. As a result, the Tribunal's award was null and void ab initio. The court therefore granted an order of certiorari, quashing the Tribunal's decision.
Court Disposition
Application allowed. Tribunal award quashed.
Orders
- The award of the Embu District Land Disputes Tribunal is removed into the High Court and quashed.
- Each party to bear its own costs.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
MISC. CIVIL APPLICATION NO. 53 OF 2008
NJERU THAGICHA…...……………............................................................………………..…….PLAINTIFF
VERSUS
THE CHAIRMAN EMBU LAND
DISPUTES TRIBUNAL…………….…….......................................................................……….1ST DEFENDANT
ANN KARIMI NJERU…………………....................................................................……………2ND DEFENDANT
R U L I N G
The applicant seeks an order of certiorari to quash the decision the Embu District Land Disputes Tribunal Committee which is undated.
The grounds raised in support of the Application is that the Tribunal exceeded its jurisdiction when it ordered that the land belonging to the applicant be sub-divided into 4 equal portions and that Title Deed No. GATURI/NEMBURE/1897 be cancelled and the four portions be registered in the names of each of the 4 families.
I have considered the application along with the rival affidavits. The annexures clearly show that the land in question is registered in the names of the applicant under Cap 300 of the Laws of Kenya.
That in itself divests jurisdiction from the Land Disputes Tribunal to arbitrate and determine the matter. The Tribunal’s mandate under Section 3(1) of the Land Disputes Tribunal Act does not allow it to determine ownership of registered land. It does not empower the Tribunal to give orders to cancel Title Deeds either. Those 2 areas are a preserve of the conventional courts of law. The Tribunal did therefore act without jurisdiction and their award is therefore null and void ab initio. The same should therefore be quashed.
The application dated 26. 11. 08 therefore succeeds. The same is allowed. The said award is removed into this court and the same is hereby quashed. Each party to bear its own costs.
W. KARANJA
JUDGE
Delivered, signed and dated at Embu this 22nd day of November 2010
In presence of:- Mr. Nduku for Momanyi for ex-parte applicant & Interested party in person.