[2008] KEHC 2189 (KLR)
The court found that the Tribunal's award and its adoption by the Resident Magistrate were based on the mutual agreement of the parties to subdivide and share the land in question. There was no evidence of dispute regarding trust or fraud, and the order was entered on the admission of the parties. The grounds...
Source-derived case information.
- Citation
- [2008] KEHC 2189 (KLR)
- Parties
- Applicant: Republic; Respondent: Central Division Land Dispute Tribunal Kirinyaga and 3 others; Interested Party: Magongu Kamanda
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- ? 30 of 2007
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Certiorari
- Outcome
- application dismissed
- Legal Topics
- Judicial Review, Certiorari, Land Disputes, Tribunal Awards
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Central Division Land Dispute Tribunal Kirinyaga and 3 others
Respondent
Magongu Kamanda
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Certiorari
Legal Issues
- 1 Whether the award of the Kerugoya Central Division Land Dispute Tribunal and its adoption by the Resident Magistrate should be quashed by certiorari.
- 2 Whether there was non-compliance with section 3(1) and 13(3) of Act 18/1990.
Ratio Decidendi
The court found that the Tribunal's award and its adoption by the Resident Magistrate were based on the mutual agreement of the parties to subdivide and share the land in question. There was no evidence of dispute regarding trust or fraud, and the order was entered on the admission of the parties. The grounds advanced by the applicant, namely non-compliance with section 3(1) and 13(3) of Act 18/1990, were not substantiated in the context of the parties' agreement. Therefore, the court upheld the award of the Tribunal and dismissed the application for certiorari.
Court Disposition
application dismissed
Orders
- The application for certiorari is dismissed.
- The award of the Kerugoya Central Division Land Dispute Tribunal and its adoption by the Resident Magistrate are upheld.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
Misc. Appli. 30 of 2007
REPUBLIC …………………………………………………APPLICANT
VERSUS
CENTRAL DIVISION LAND DISPUTE
TRIBUNAL KIRINYAGA AND 3 OTHERS……………RESPONDENT
MAGONGU KAMANDA………………………….INTERESTED PARTY
RULING
Notice of Motion dated 27/3/2007 seeks orders of certiorari to quash the award of Kerugoya Central Division Land Dispute Tribunal and subsequent order of Resident Magistrate made on 21/2/2007 adopting the award as a Judgment decree of the court.
The proceedings in the Tribunal leading to the award shows that both parties are agreed that the land Inoi/Keriko/1139 be subdivided and shared into two shares. Magondu Kamanda to take ½ (one half) and the other under Anthony Karimi Murigu to take ½ acre.
I have perused the record and I find although the grounds set forth are the non compliance of section 3 (1) and 13 (3) of Act 18/1990 the order was entered on the admission of the parties and there was no arguement about the issues of trust and fraud.
This court upholds the award of tribunal and this Judicial Review. Application is dismissed.
Dated this 6th May, 2008.
J. N. KHAMINWA
JUDGE