[2006] KEHC 3551 (KLR)
The court found that the Central Land Disputes Tribunal acted in excess of its jurisdiction by entertaining and determining a dispute involving title to land parcel E.BUKUSU/N.NALONDO/261, a matter outside the scope of the Land Disputes Act. The absence of any response or evidence to controvert the applicant's case...
Source-derived case information.
- Citation
- [2006] KEHC 3551 (KLR)
- Parties
- Applicant: Protus Wasike; Respondent: Hon. Attorney General (on behalf of Chairman Central Land Disputes Tribunal); Interested Party: Peter Wanajala Makoti; Interested Party: Felistus N. Wanyaonyi
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- ? 83 of 2002
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Certiorari and Prohibition
- Outcome
- Application allowed. Orders of certiorari and prohibition granted as prayed.
- Legal Topics
- Judicial Review, Tribunal Jurisdiction, Certiorari, Prohibition Orders, Land Title Disputes, Excess of Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Protus Wasike
Applicant
Hon. Attorney General (on behalf of Chairman Central Land Disputes Tribunal)
Respondent
Peter Wanajala Makoti
Interested Party
Felistus N. Wanyaonyi
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Certiorari and Prohibition
Legal Issues
- 1 Whether the Central Land Disputes Tribunal had jurisdiction to entertain and determine disputes involving title to land parcel E.BUKUSU/N.NALONDO/261.
- 2 Whether the decision of the Central Land Disputes Tribunal adopted as judgment by Bungoma SPMCC MISC APPL. NO.38 of 2001 should be quashed by an order of certiorari.
- 3 Whether the Chairman of the Central Land Disputes Tribunal should be prohibited from adjudicating matters relating to the said land parcel.
Ratio Decidendi
The court found that the Central Land Disputes Tribunal acted in excess of its jurisdiction by entertaining and determining a dispute involving title to land parcel E.BUKUSU/N.NALONDO/261, a matter outside the scope of the Land Disputes Act. The absence of any response or evidence to controvert the applicant's case further strengthened the applicant's position. The court held that the applicant had established sufficient grounds for the grant of orders of certiorari and prohibition, and accordingly quashed the tribunal's decision and prohibited the Chairman of the Central Land Disputes Tribunal from adjudicating on the said land parcel.
Court Disposition
Application allowed. Orders of certiorari and prohibition granted as prayed.
Orders
- An order of certiorari is issued to remove into the High Court and quash the decision of the Central Land Disputes Tribunal Case No. 2 of 2001 adopted as judgment by Bungoma SPMCC MISC APPL. NO.38 of 2001 on 25.1.2002.
- An order of prohibition is issued restraining the Chairman Central Land Disputes Tribunal from adjudicating matters in respect of Land Parcel NO.E.BUKUSU/N.NALONDO/261.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BUNGOMA Misc Appli 83 of 2002
IN THE MATTER OF AN APPLICATION BY PROTUS WASIKE FOR CERTIORARI AND PROHIBITION
AND
IN THE MATTER OF THE LAND DISPUTES ACT NO.18 OF 1990
BETWEEN
REPUBLIC Through PROTUS WASIKE ......................................................................... APPLICANT
VERSUS
HON. ATTORNEY GENERAL
On behalf of CHAIRMAN CENTRAL LAND DISPUTES TRIBUNAL ...................RESPONDENT
AND
PETER WANAJALA MAKOTI
FELISTUS N. WANYAONYI..........................................................................INTERESTED PARTIES
RULING
By an application dated 17th June 2002, by way of Notice of Motion, Under Order LIII Rule 3 of the civil procedure Rules, the applicant sought orders:
1. That it pleases the Honourable Court to issue an order of certiorari and prohibition to remove into this Honourabale court and quash the decision of the Central Land Disputes Tribunal Case No. 2 of 2001 adopted as judgment by Bungoma SPMCC MISC APPL. NO.38 of 2001 on 25. 1.2002 and prohibit the Chairman Central Land Disputes Tribunal from ever properly to adjudicate matters in respect of Land Parcel NO.E.BUKUSU/N.NALONDO/261 or at all.
2. That costs of this application be provided.
The application is based on the grounds that:
1. That the tribunal had no jurisdiction to entertain the matter and therefore acted in excess of its jurisdiction.
2. That the tribunal had no jurisdiction to deal with the subject that has title to wit parcel of land known as E.BUKUSU/N.NALONDO/261.
The application is supported by the annexed affidavit of Protus Wasike, the applicant sworn on the 18th day of June 2002.
The applicant urged me to grant orders of certiorari and prohibition to remove into this Honourable Court and quash the decisions of the Central Land disputes Tribunal Case No.2 of 2001 adopted as judgment by Bungoma SPMCC MISC APPL. NO.38 of 2001 on 25th January 2002 and prohibit the chairman Central Land disputes Tribunal from ever properly to adjudicate matters in respect of Land Parcel NO.E.BUKUSU/N.NALONDO/261 or at all.
The applicant further urged me to consider the reasons set out in the face of the application and the supporting affidavit.
The applicants further urged me to take into consideration that despite service, no replying affidavit or any response has been forthcoming even when time was enlarged for the respondent and the interested parties to challenge the application.
I have carefully gone through the application and note that the award challenged was read and adopted by the Bungoma SPMCC NO.38 of 2001 on 25. 1.2002 and the application was filed on 18th June 2002, a period of less than 6 months.
Leave was granted on 23rd May 2002 by Mr. Justice Ringera (as he was then).
In the absence of evidence to controvert that of the applicant, I find that the applicant has made out a case good enough to warrant the giving of the orders sought, which I hereby do in terms of prayer (1) and (2) of the Notice of Motion herein.
DATED AND DELIVERED AT BUNGOMA THIS 21st DAY OF FEBRUARY 2006.
N.R O. OMBIJA
JUDGEMr. Onchiri for Sichangi for Applicant.
N/A for Respondent.