[2003] KEHC 739 (KLR)

[2003] KEHC 739 (KLR)

The application to refer the suit to the District Lands Disputes Tribunal was dismissed because Order XLV rule 1 of the Civil Procedure Rules requires the consent of both parties, which was absent in this case. Furthermore, the Land Disputes Tribunal lacks jurisdiction to determine legal issues relating to trusts, which is the basis of the present suit. The court found the application misconceived and lacking merit.

Citation
[2003] KEHC 739 (KLR)
Parties
Plaintiff: Peter Githinji Muchiri; Plaintiff: Waigiri Muchiri; Defendant: Muchiri Wairagu; Defendant: Wairagu Muchiri
Court
High Court
Court Station
High Court at Nyeri
Jurisdiction
Kenya
Judgment Date
23 December 2003
Case Number
? 109 of 1985
Procedural Posture
Civil Case / Ruling on Application to Refer Suit to Tribunal
Outcome
application dismissed with costs
Legal Topics
Reference to Arbitration, Jurisdiction of Land Disputes Tribunal, Trusts in Land, Consent Requirement for Arbitration
Source Language
English
Civil Procedure Land and Property Reference to Arbitration Jurisdiction of Land Disputes Tribunal Trusts in Land Consent Requirement for Arbitration

Case Brief

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Parties

Peter Githinji Muchiri

Plaintiff

Waigiri Muchiri

Plaintiff

Muchiri Wairagu

Defendant

Wairagu Muchiri

Defendant

Procedural Posture

Civil Case / Ruling on Application to Refer Suit to Tribunal

Legal Issues

  1. 1 Whether the suit can be referred to the District Lands Disputes Tribunal for arbitration under Order XLV rule 1 of the Civil Procedure Rules.
  2. 2 Whether the Land Disputes Tribunal has jurisdiction to determine issues of law based on trust.

Ratio Decidendi

The application to refer the suit to the District Lands Disputes Tribunal was dismissed because Order XLV rule 1 of the Civil Procedure Rules requires the consent of both parties, which was absent in this case. Furthermore, the Land Disputes Tribunal lacks jurisdiction to determine legal issues relating to trusts, which is the basis of the present suit. The court found the application misconceived and lacking merit.

Court Disposition

application dismissed with costs

Orders

  • The application to refer the suit to the District Lands Disputes Tribunal at Nyeri for arbitration is dismissed with costs.