[2008] KEHC 3525 (KLR)

[2008] KEHC 3525 (KLR)

The court found that the Land Disputes Tribunal acted outside its statutory jurisdiction as defined by Section 3(1) of the Land Disputes Tribunals Act (Act 18/1990). Since the Tribunal exceeded its powers, the award entered as judgment in the Resident Magistrate’s Court was invalid. The court was satisfied that the...

Source-derived case information.

Citation
[2008] KEHC 3525 (KLR)
Parties
Applicant: Republic; Respondent: Chairman Central Disputes Tribunal; Respondent: Kerugoya Senior Resident Magistrate’s Court; Respondent: Josphat Ndege Ndaburu; Exparte: Jeremiah Ngondi Kiundu
Court
High Court
Court Station
High Court at Embu
Jurisdiction
Kenya
Case Number
? 188 of 2006
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Certiorari
Outcome
application allowed
Legal Topics
Judicial Review, Certiorari, Tribunal Jurisdiction, Land Disputes, Procedural Defects
Source Language
en
Land and Property Civil Procedure Judicial Review Certiorari Tribunal Jurisdiction Land Disputes Procedural Defects

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

Chairman Central Disputes Tribunal

Respondent

Kerugoya Senior Resident Magistrate’s Court

Respondent

Josphat Ndege Ndaburu

Respondent

Jeremiah Ngondi Kiundu

Exparte

Procedural Posture

Miscellaneous Application / Ruling on Notice of Motion for Certiorari

Legal Issues

  1. 1 Whether the Land Disputes Tribunal acted outside its jurisdiction under Section 3(1) of Act 18/1990.
  2. 2 Whether the award entered as judgment in the Resident Magistrate’s Court was valid.
  3. 3 Whether the affidavit verifying the statement was defective.

Ratio Decidendi

The court found that the Land Disputes Tribunal acted outside its statutory jurisdiction as defined by Section 3(1) of the Land Disputes Tribunals Act (Act 18/1990). Since the Tribunal exceeded its powers, the award entered as judgment in the Resident Magistrate’s Court was invalid. The court was satisfied that the applicant was entitled to the order of certiorari to quash the award. The concession by the state counsel further supported the applicant’s position. The court also noted, but did not find determinative, the argument regarding the defectiveness of the affidavit verifying the statement. The fundamental issue was the lack of jurisdiction, which rendered the Tribunal’s award a...

Court Disposition

application allowed

Orders

  • Order of certiorari granted to quash the Land Disputes Tribunal Central award entered as judgment in Resident Magistrate’s Court at Kirinyaga Land Disputes Tribunal No. 104 of 2006.
  • The tribunal shall pay the costs of the applicant and interested party.