[2012] KEHC 2608 (KLR)
The Land Disputes Tribunal acted outside its statutory jurisdiction by making orders for the delivery of title deeds and determining compensation for land, which are not within the scope of Section 3(1) of the Land Disputes Tribunal Act. The Tribunal's jurisdiction is limited to matters of division, boundaries,...
Source-derived case information.
- Citation
- [2012] KEHC 2608 (KLR)
- Parties
- Applicant: Judith Mwongeli Makau; Respondent: The Chairman Machakos District Land Disputes Tribunal; Respondent: The Chief Magistrate, Machakos Law Courts; Interested Party: Reuben Muange Muthusi
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 185 of 2009
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Judicial Review Orders
- Outcome
- Application allowed. Orders of certiorari and prohibition granted. Costs to the ex-parte applicant against the interested party.
- Judges
- GMA Dulu
- Legal Topics
- Judicial Review, Tribunal Jurisdiction, Certiorari, Prohibition Orders, Land Title Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Judith Mwongeli Makau
Applicant
The Chairman Machakos District Land Disputes Tribunal
Respondent
The Chief Magistrate, Machakos Law Courts
Respondent
Reuben Muange Muthusi
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Judicial Review Orders
Legal Issues
- 1 Whether the Machakos District Land Disputes Tribunal acted outside its statutory jurisdiction in making orders relating to title deeds and compensation for land.
- 2 Whether the orders of certiorari and prohibition should issue to quash the Tribunal's award and restrain further proceedings affecting the applicant's land.
Ratio Decidendi
The Land Disputes Tribunal acted outside its statutory jurisdiction by making orders for the delivery of title deeds and determining compensation for land, which are not within the scope of Section 3(1) of the Land Disputes Tribunal Act. The Tribunal's jurisdiction is limited to matters of division, boundaries, occupation, and trespass to land, and does not extend to the determination of title or compensation. As such, the Tribunal's award was ultra vires and a nullity. The High Court, therefore, granted orders of certiorari to quash the Tribunal's decision and prohibition to restrain further proceedings or interference with the applicant's land rights. Costs were awarded to the applicant...
Court Disposition
Application allowed. Orders of certiorari and prohibition granted. Costs to the ex-parte applicant against the interested party.
Orders
- An order of certiorari is issued to quash the award of the Machakos District Land Disputes Tribunal Case Number 41 of 2008 and its adoption as judgment in Machakos Chief Magistrate Misc. Application Number 197 of 2008.
- An order of prohibition is issued restraining the respondents and interested party from conducting further proceedings or interfering with the applicant's rights over land parcel Masii/Mithini/705.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
Miscellaneous Application 185 of 2009
1. THE CHAIRMAN MACHAKOS DISTRICT LAND DISPUTES TRIBUNAL
2. THE CHIEF MAGISTRATE, MACHAKOS LAW COURTS ….................…. RESPONDENTS
AND
REUBEN MUANGE MUTHUSI …………………………………………… INTERESTED PARTY
AND
JUDITH MWONGELI MAKAU ………………………………………… EX PARTE APPLICANT
R U L I N G
Before me is a Notice of Motion dated 11th June 2009, filed by the ex-parte applicant Judith Mwongeli Makau. It was filed under Order LIII Rule 3 of the Civil Procedure Rules. There are two respondents and an interested party named in the application. The prayers are three (3) as follows:-
1. THAT an order of certiorari do issue to remove into this court for purposes of quashing the award of the Machakos District Land Disputes Tribunal Case Number 41 of 2008 dated 8/11/2008 and read to the parties on 7/4/2009 and adopted as a judgment of the court on the same date in Machakos Chief Magistrate Misc. Application Number 197 of 2008.
2. THAT an order of prohibition do issue to the respondents and the interested party prohibiting them from conducting proceedings in respect of Machakos Misc. Appl. Number 197 of 2008 or interfering with the applicant’s rights, control and/or peaceful enjoyment of land parcel number Masii/Mithini/705.
3. THAT the costs of this application be borne by the interested party.
The application is grounded on the statement of facts dated 25th May 2009, filed with the Chamber Summons for leave, as well as the supporting affidavit sworn by the ex-parte applicant on 25th May 2009, also filed with the Chamber Summons for leave. Annexed to the affidavit were copies of three (3) titles to land, one of which was in the name of the ex-parte applicant. The title deeds were issued under the Registered Land Act (Cap 300). The title in the name of the ex-parte applicant is for parcel MASII/MITHINI/705, which is the subject of these judicial review proceedings. The other two titles are in the name of the interested party REUBEN MUANGE MUTHUSI.
Both the applicant and the interested party filed their written submissions. The applicant’s submissions were filed in June 2011, while the interested party’s submissions were filed in July 2011. I have perused the submissions.
On the hearing date, Mr Sila, for the ex-parte applicant highlighted the submissions. Mr Ngolya, for the interested party had earlier withdrawn from acting. The interested party was not present in court.
I have perused the documents filed. It is not in dispute that the Land Disputes Tribunal made the following decision.
1. Since the claimant Reuben Muange Muthusi is an adult of sound mind, he is capable of keeping his documents. Therefore this panel hereby recommends that the objector Judith Mwongeli and her mother Susan Munanie are illegally keeping Reuben’s Title Deeds and should immediately hand them to the owner.
2. The Tribunal recommends that the two parties in this dispute do sit together and determine the value of the 389 hectares of land which Judith unilaterally acquired from Muthusi’s land, so that the hectares of land parcel No. Masii/Mithini/705 can be reduced to match the total expenses which were incurred by Judith Mwongeli the objector. The portion of land thereby curved from parcel No. Masii/Mithini/705 should be registered in ownership of the claimant, Mr Reuben Muange Muthusi.
The above decisions of the Land Disputes Tribunal made on 28th November 2008, are clearly beyond the powers or the jurisdiction of the Land Disputes Tribunal, whose jurisdiction is dictated and limited by Section 3(1) of the Land Disputes Tribunal Act No. 18 of 1990. The said jurisdiction is limited to the determination of disputes involving:-
(a)Division, boundaries to land including land held in common.
(b)A claim to occupy land.
(c)Trespass to land.
The Tribunal did not have jurisdiction to order the delivery or release of titles. Nor did it have jurisdiction to order determination of value of the land or methods of compensation. Those are matters which can only be determined in a civil court. I fully agree with what was stated by Lenaola J, in Machakos H.C. Misc. Application No. 209 of 2009 Republic –vs- Machakos District Land Tribunal and Others – Ex Parte Alfonce Mbindyo Kilove, that once the Tribunal acts outside jurisdiction, its decision calls for judicial review. The Tribunal having acted outside its jurisdiction, I will have to grant the judicial review prayers sought.
For these reasons, I allow the application and grant both the certiorari and prohibition orders sought. The interested party will pay the costs of the ex-parte applicant.
Dated and delivered at Machakos this 25thday of July 2012.
George Dulu
Judge
In presence of:-
Nyalo – Court clerk
Mr Sila for Ex-parte Applicant present
N/A for other parties.