[2011] KEHC 66 (KLR)
The court found that the Embu District Land Disputes Tribunal exceeded its jurisdiction by ordering the sub-division of land registered under the Registered Land Act. The Tribunal's statutory mandate does not extend to matters of title or interest in registered land. As such, the award and all consequential orders...
Source-derived case information.
- Citation
- [2011] KEHC 66 (KLR)
- Parties
- Applicant: John C. Murathi Muriithi; Respondent: Chairman Embu District Land Disputes Tribunal; Respondent: Leonard Mwangi Muriuki; Respondent: Benson Kariuki Murathi (deceased)
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 56 of 2008
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Certiorari
- Outcome
- Application allowed. Award and orders of the Embu District Land Disputes Tribunal quashed.
- Legal Topics
- Judicial Review, Certiorari, Land Disputes Tribunal Jurisdiction, Registered Land, Quashing Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John C. Murathi Muriithi
Applicant
Chairman Embu District Land Disputes Tribunal
Respondent
Leonard Mwangi Muriuki
Respondent
Benson Kariuki Murathi (deceased)
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Certiorari
Legal Issues
- 1 Whether the Embu District Land Disputes Tribunal had jurisdiction to order the sub-division of registered land.
- 2 Whether the award and orders of the Tribunal should be quashed by certiorari.
Ratio Decidendi
The court found that the Embu District Land Disputes Tribunal exceeded its jurisdiction by ordering the sub-division of land registered under the Registered Land Act. The Tribunal's statutory mandate does not extend to matters of title or interest in registered land. As such, the award and all consequential orders arising from it were unlawful and must be quashed. The application for certiorari was merited and granted, with the impugned award and orders set aside.
Court Disposition
Application allowed. Award and orders of the Embu District Land Disputes Tribunal quashed.
Orders
- The Award of the Embu District Land Disputes Tribunal No.120/07 dated 21/5/2008 and Award No.24/08 read on 24/11/08 are removed into the High Court and quashed.
- All orders arising from the award are set aside.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
Miscellaneous Application 56 of 2008
IN THE MATTER OF AN APPLICATION TO APPLY FOR AN ORDER OF CERTIORARI
AND
IN THE MATTER OF DECISION BY THE CHAIRMAN EMBU DISTRICT LAND DISPUTE TRIBUNAL NO. 120 OF 2007 AWARD NO. 24 OF 2008
AND
IN THE MATTER OF JUDICIAL REVIEW
AND
IN THE MATTER OF THE REPUBLIC
THE CHAIRMAN EMBU DISTRICT LDT …………..………….1ST APPLICANT
BENSON KARIUKI MURATHI …………………………..….. NOW DECEASED
LEONARD MWANGI MURIUKI ….………....…INTENDED 2ND RESPONDENT
JOHN C. MURATHI MURIITHI ………………………………..…… APPLICANT
R U L I N G
This is the Notice of Motion dated 12/2/2009 brought under Order 53 Civil Procedure Rules and section 8 and 9 of the Law Reform Act. It’s for Orders of Certiorari to remove into the High Court for purposes of its being quashed. The Order by Embu District Land Disputes Tribunal No.120/07 dated 21/5/2008 and Award No.24/08 read on 24/11/2008.
The award gave orders for sub-division of the Applicant’s land No.GATURI/NEMBURE/9439. It’s the Applicant’s submission that the Tribunal lacked jurisdiction
The Application is supported by the affidavit of the Applicant. The annexed proceedings from the Land Disputes Tribunal confirms what the elders decided. The application is not opposed and the 2nd Respondent told the court he was not opposing the application.
The jurisdiction of the Tribunal is created by Section 3(1) of Land Disputes Tribunal’s Act No.18/90.
The Applicant’s land is registered under the Registered Land Act. The award by the Tribunal divided this land into two portions hence causing sub-division of the land.
This is outside its jurisdiction. In the case of WAMWEA –VS- CATHOLIC DIOCESE OF MURANG’A REGISTERED TRUSTEES [2003] KLR – 398. The Court of Appeal held that the Land Dispute Tribunals have no jurisdiction to deal with issues of interest or title to land. That’s exactly what the 1st Respondent deal.
I find merit in the Applicant’s application and hereby remove into the High Court the Award of the Embu District Land Disputes Tribunal No.120/07 dated 21/5/2008 and Award No.24/08 read on 24/11/08 which I hereby quash. I set aside all orders that have arisen from the award.
Each party to bear his/her own costs.
DELIVERED, SIGNED AND DATED AT EMBU THIS 14TH DAY OF DECEMBER 2011.
H.I. ONG’UDI
JUDGE