[2007] KEHC 131 (KLR)
The court found that the Kiharu Division Land Disputes Tribunal acted outside its statutory jurisdiction by purporting to determine ownership and compel the sharing of registered land. Section 3(1) of the Land Disputes Tribunal Act restricts the Tribunal's jurisdiction to specific matters, which do not include...
Source-derived case information.
- Citation
- [2007] KEHC 131 (KLR)
- Parties
- Applicant: Republic; Respondent: Chairman Kiharu Division Land Disputes Tribunal
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- ? 139 of 2005
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- application allowed
- Legal Topics
- Judicial Review, Certiorari, Tribunal Jurisdiction, Ownership of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Chairman Kiharu Division Land Disputes Tribunal
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether the Land Disputes Tribunal had jurisdiction to determine ownership of registered land.
- 2 Whether the Tribunal's decision compelling a father to share land with his sons was ultra vires.
Ratio Decidendi
The court found that the Kiharu Division Land Disputes Tribunal acted outside its statutory jurisdiction by purporting to determine ownership and compel the sharing of registered land. Section 3(1) of the Land Disputes Tribunal Act restricts the Tribunal's jurisdiction to specific matters, which do not include ownership of registered land. The Tribunal's decision was therefore ultra vires and unlawful. The High Court granted the order of certiorari, quashing the Tribunal's decision and related proceedings in the Magistrate's Court.
Court Disposition
application allowed
Orders
- Order of certiorari granted to quash the decision of the Kiharu Division Land Disputes Tribunal Case No.56/2005 and proceedings in Murang’a Senior Principal Magistrate’s Court in L.D.T No. 82/05.
- No order as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
HIGH COURT AT EMBU
Misc Civ Appli 139 of 2005
REPUBLIC……………………………………………………...........…….PLAINTIFF
VERSUS
CHAIRMAN KIHARU DIVISION LAND DISPUTES TRIBUNAL..…DEFENDANT
JUDGMENT
Notice of Motion dated 19/9/2005 seeks orders of certiorari to quash the decision of the Kiharu Division Land Disputes Tribunal Case No.56/2005 and proceedings in Murang’a Senior Principal Magistrate’s Court in L.D.T No. 82/05 in respect of Plot No.Loc. 15/Mugeka/764. The statutory statement of facts shows that the said piece of land is registered in the names of James Maina Gitau and Peterson Mwangi. This is shown in exhibit JMG. 1 The second proprietor was a minor. The other ground is that the Tribunal has no jurisdiction to deal with ownership of land under the statute establishing the same Land Disputes Tribunal Act 18/199 section 3 (1) of which sets out the matters that the Tribunals may deal with.
The application is supported on oath by affidavit of Exparte Applicant with annextures attached. I have perused the judgment of the Tribunal the first paragraph reads “The statements of the plaintiffs and defendant reveal that the case is between the sons and their father on sharing the land of the father”
The tribunal has not authority to compel the father to share his land to his children during his time unless he does so willingly. As he has changed his mind the Tribunal cannot compel him to do so as the sons have no rights that can be enforced by a court of law.
I therefore find that the Tribunal made decisions outside the law and I find that the same are ultra vires.
I allow the application and grant orders sought.
No order as to costs.
Dated this 4th July, 2007.
J. N. KHAMINWA
JUDGE
4/7/2007
Khaminwa – Judge
Njue – Clerk
M/s Mwaniki HB for Gacheru
James appearing in person.
Ruling read in open court.
J. N. KHAMINWA
JUDGE