[2007] KEHC 150 (KLR)
The court found that the disputed plot was not a rice holding and was not registered under the Registered Land Act. There was no evidence that the land was under the control of the Irrigation Board. Therefore, the dispute was within the jurisdiction of the Mwea Land Disputes Tribunal as contemplated by the Land...
Source-derived case information.
- Citation
- [2007] KEHC 150 (KLR)
- Parties
- Applicant: Republic; Respondent: Chairman Mwea Division LDT; Respondent: Grace Wangui Mwangi; Applicant: Mugo Kagiri
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- ? 160 of 2007
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- application dismissed
- Legal Topics
- Jurisdiction of Land Disputes Tribunal, Certiorari, Land Registration, Rice Holding Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Chairman Mwea Division LDT
Respondent
Grace Wangui Mwangi
Respondent
Mugo Kagiri
Applicant
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether the Mwea Land Disputes Tribunal had jurisdiction to determine the dispute over the village plot attached to Rice Holding No. 337 Mahigaini village.
- 2 Whether the award and subsequent decree adopted by the Wang’uru Resident Magistrate’s Court are null and void for want of jurisdiction.
Ratio Decidendi
The court found that the disputed plot was not a rice holding and was not registered under the Registered Land Act. There was no evidence that the land was under the control of the Irrigation Board. Therefore, the dispute was within the jurisdiction of the Mwea Land Disputes Tribunal as contemplated by the Land Disputes Tribunal Act. As a result, the Tribunal's award and the subsequent decree were valid, and the application for certiorari to quash them was dismissed.
Court Disposition
application dismissed
Orders
- The application for certiorari is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
MISC CIV APPLI 160 OF 2007
REPUBLIC …………………………………………….....……………APPLICANT
VERSUS
CHAIRMAN MWEA DIVISION LDT………................……….1ST RESPONDENT
GRACE WANGUI MWANGI…………………..………………2ND RESPONDENT
JUDGMENT
By Notice of Motion Exparte Application Mugo Kagiri seeks orders of Certiorari to quash the award of Mwea Land Disputes Tribunal over a village plot at Kanaro attachéd to Rice Holding No.337 Mahigaini village and the decree that resulted after adoption of the award as decree of court in Wang’uru Resident Magistrate’s Court. The statutory statement shows the grounds upon which the orders are sought mainly that the Tribunal had no jurisdiction to make the award and the decree was therefore null and void. Documents filed on 2/12/2005 are the proceedings of the Tribunal. It is clear from the proceedings that the land in dispute is attached to a Rice Holding. It is not a Rice Holding. It is also clear that the plot in dispute is not registered in favour of anyone under the land Regulation law reads Registered Land Act Cap. 300.
It is for disputes such as these that Land Disputes Tribunal Act was enacted. There is no proof that the land in dispute was under the Irrigation Board.
I therefore find that the decision of the Tribunal was made within the Tribunals jurisdiction. I dismiss the application.
No order as to costs as the interested party acted for himself
Orders accordingly.
Dated this 31st January, 2007.
J. N. KHAMINWA
JUDGE
31/1/2007
Khaminwa- Judge
Njue- Clerk
Ms. Thungu for Applicant.
Judgment read in open court in their presence.
J. N. KHAMINWA
JUDGE