[2013] KEHC 3155 (KLR)
The court found that the Kanduyi Land Disputes Tribunal acted outside its statutory jurisdiction by entertaining and determining a dispute concerning the sharing of a deceased estate. Such matters are reserved for succession proceedings before the High Court. As a result, the decision of the Tribunal, as adopted by...
Source-derived case information.
- Citation
- [2013] KEHC 3155 (KLR)
- Parties
- Applicant: Republic; Respondent: Chairman Kanduyi Land Disputes Tribunal
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 4 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application allowed
- Legal Topics
- Judicial Review, Certiorari, Tribunal Jurisdiction, Succession Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Chairman Kanduyi Land Disputes Tribunal
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the Kanduyi Land Disputes Tribunal had jurisdiction to determine matters relating to the sharing of a deceased estate.
- 2 Whether the decision of the Tribunal adopted as a court order should be quashed by certiorari.
Ratio Decidendi
The court found that the Kanduyi Land Disputes Tribunal acted outside its statutory jurisdiction by entertaining and determining a dispute concerning the sharing of a deceased estate. Such matters are reserved for succession proceedings before the High Court. As a result, the decision of the Tribunal, as adopted by the Chief Magistrate's Court, was a nullity and liable to be quashed by an order of certiorari. The absence of opposition or contrary argument further supported the grant of the orders sought by the ex parte applicants.
Court Disposition
application allowed
Orders
- An order of certiorari is issued quashing the decision of the Kanduyi Land Disputes Tribunal in case No. 7 of 2011 as adopted in Chief Magistrate's Court case No. 25 of 2011.
- No order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
High Court at Bungoma
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REPUBLIC..............................................................................APPLICANT
V
CHAIRMAN KANDUYI LAND DISPUTES TRIBUNAL.. RESPONDENT
RULING
The exparte applicants have filed this substantive motion seeking orders of certiorari to quash the decision of the Kanduyi Land Disputes Tribunalcase No. 7 of 2011 adopted as an order of the court on 27th October 2011 vide Chief Magistrate's court case No. 25 of 2011. The application is supported by an affidavit of Charles Juma Mukoya.
There are no documents filed in opposition either by the interested party or the respondent. The Attorney General was present when the hearing date was fixed. There is an affidavit of service filed showing the interested party was served with a hearing notice.
I have also read through the proceedings annexed of the Kanduyi Land Disputes Tribunal.I do agree with the exparte applicants that the Tribunal exceeded its jurisdiction handling matters that concerned sharing of a deceased estate. The interested party ought to have filed her claim either in the succession file or a suit in the high court.
The prayers sought in the motion dated 20th March 2012 is therefore allowed. I make no order as to costs.
RULING DATED, SIGNED, READ AND DELIVEREDin open court this28th day of May 2013.
A.OMOLLO
JUDGE.