[2018] KEHC 8939 (KLR)
The court found that the Bureti Land Dispute Tribunal acted without jurisdiction in determining a dispute relating to title to land, a matter outside its statutory mandate. Furthermore, the claim before the Tribunal was statute barred, having arisen in 2003, and no steps had been taken to obtain letters of...
Source-derived case information.
- Citation
- [2018] KEHC 8939 (KLR)
- Parties
- Applicant: Philip Kirui Korir; Applicant: David Langat; Applicant: Wilson Kipkorir Barchok; Respondent: Chairman Bureti Land Dispute Tribunal; Respondent: The Principal Magistrates Court, Sotik; Respondent: Ludia Mutai; Respondent: Wilson Langat
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application 23 of 2011
- Procedural Posture
- Judicial Review Application / Ruling on Substantive Motion for Certiorari
- Outcome
- Application allowed. Orders of certiorari granted. Costs to the applicants.
- Judges
- DO Ogal
- Legal Topics
- Jurisdiction of Tribunals, Certiorari, Limitation of Actions, Letters of Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philip Kirui Korir
Applicant
David Langat
Applicant
Wilson Kipkorir Barchok
Applicant
Chairman Bureti Land Dispute Tribunal
Respondent
The Principal Magistrates Court, Sotik
Respondent
Ludia Mutai
Respondent
Wilson Langat
Respondent
Procedural Posture
Judicial Review Application / Ruling on Substantive Motion for Certiorari
Legal Issues
- 1 Whether the Bureti Land Dispute Tribunal had jurisdiction to determine matters relating to title to land.
- 2 Whether the claim before the Tribunal was statute barred.
- 3 Whether the Tribunal could determine a claim involving deceased proprietors without letters of administration.
Ratio Decidendi
The court found that the Bureti Land Dispute Tribunal acted without jurisdiction in determining a dispute relating to title to land, a matter outside its statutory mandate. Furthermore, the claim before the Tribunal was statute barred, having arisen in 2003, and no steps had been taken to obtain letters of administration for the deceased proprietors, rendering the proceedings a nullity. In the absence of any opposition from the respondents, the court was satisfied that the application for certiorari was merited and granted the orders sought, quashing the proceedings and orders arising from the Tribunal's award and its adoption by the Magistrate's Court.
Court Disposition
Application allowed. Orders of certiorari granted. Costs to the applicants.
Orders
- An order of certiorari is issued removing into this court for purposes of being quashed the 2nd Respondent’s order dated 19th May, 2011 together with the entire proceedings arising therefrom and or connected therewith pursuant to the 1st Respondent’s award dated 12th April, 2011 which award was read and adopted as a...
- The costs of this application be borne by the Respondents.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERRICHO
JUDICIAL REVIEW APPLICATION NO. 23 OF 2011 (J.R)
PHILIP KIRUI KORIR...........................................................1ST APPLICANT
DAVID LANGAT…...............................................................2ND APPLICANT
WILSON KIPKORIR BARCHOK…………................…...3RD APPLICANT
VERSUS
CHAIRMAN BURETI LAND DISPUTE TRIBUNAL ......1ST RESPONDENT
THE PRINCIPAL MAGISTRATES COURT, SOTIK….2ND RESPONDENT
LUDIA MUTAI….............................................................3RD RESPONDENT
WILSON LANGAT……………………………..............4TH RESPONDENT
RULING
1. What is before me is an application dated 23rd June, 2011 for Judicial Review brought under Order 53 Rule 1(2) and 3(1) of the Civil Procedure Rules and section 3A of the Civil Procedure Act. The said application seeks orders of certiorari removing unto this court for purposes of being quashed the 2nd Respondent’s order dated 19th May, 2011 together with the entire proceedings arising therefrom and or connected therewith pursuant to the 1st Respondent’s award dated 12th April, 2011. The said award was read and adopted as a judgment of the court in Sotik Principal Magistrate’s Court Misc Civil Application No. 5 of 2011.
2. The application is based on the Statutory Statement and the Verifying Affidavit of Philip Kirui Korir sworn on the 8th June, 2011. The application is made pursuant to the Ruling of the court dated 22nd June, 2011 in which the court granted leave to the Applicant to apply for certiorari to remove unto this court for quashing the decision of Sotik PM Misc Civil Application No. 5 of 2011 in accordance with Order 53 Rule 1 of the Civil Procedure Rules.
3. The main grounds for the application are threefold; first that the Tribunal had no jurisdiction to determine a matter touching on title to land. Secondly, the claim was statute barred since the claim arose in 2003. Thirdly, the Tribunal sought to determine a claim in which the proprietors of the land were deceased without any of the parties having taken out letters of administration.
4. Despite being served with the application and a hearing notice the respondents neither filed a response to the application nor attended court when the application came up for hearing.
5. In the absence of any opposition to the application and having considered the applicant’s counsel’s submissions I am satisfied that the application has merit and I therefore grant it.
6. Accordingly, I make the following orders:
a) That an order of certiorari is hereby issued removing into this court for purposes of being quashed the 2nd Respondent’s order dated 19th May, 2011 together with the entire proceedings arising therefrom and or connected therewith pursuant to the 1st Respondent’s award dated 12th April, 2011 which award was read and adopted as a judgment of the court in Sotik Principal Magistrate’s Court Misc Civil Application No. 5 of 2011.
b) The costs of this application be borne by the Respondents.
Dated, signed and delivered at Kericho this 30th day January, 2018.
............................
J.M ONYANGO
JUDGE
In the presence of :
1. Mr. Orina for the Applicant
2. No Appearance for the Respondent
3. Court Assistant – Rotich