[2010] KEHC 1242 (KLR)
The court found that the Mwea Land Disputes Tribunal exceeded its jurisdiction as set out in Section 3(1) of the Land Disputes Tribunal Act by making orders for the cancellation of a title deed and ordering a refund of the purchase price. These matters pertain to enforcement of contracts and specific performance,...
Source-derived case information.
- Citation
- [2010] KEHC 1242 (KLR)
- Parties
- Applicant: Republic; Respondent: Chairman of Mwea Land Disputes Tribunal; Respondent: SRM Wanguru Court; Respondent: Ann Njoki; Respondent: Gatimu Njeru Karimi
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 40 of 2009
- Procedural Posture
- Judicial Review / Ruling
- Outcome
- application allowed; award and adoption order quashed
- Judges
- J Karanja
- Legal Topics
- Jurisdiction of Tribunals, Certiorari, Land Title Cancellation, Ultra Vires Actions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Chairman of Mwea Land Disputes Tribunal
Respondent
SRM Wanguru Court
Respondent
Ann Njoki
Respondent
Gatimu Njeru Karimi
Respondent
Procedural Posture
Judicial Review / Ruling
Legal Issues
- 1 Whether the Mwea Land Disputes Tribunal acted ultra vires its statutory jurisdiction under Section 3(1) of the Land Disputes Tribunal Act.
- 2 Whether the orders made by the Tribunal and adopted by the SRM Court Wanguru were lawful and within the Tribunal's mandate.
Ratio Decidendi
The court found that the Mwea Land Disputes Tribunal exceeded its jurisdiction as set out in Section 3(1) of the Land Disputes Tribunal Act by making orders for the cancellation of a title deed and ordering a refund of the purchase price. These matters pertain to enforcement of contracts and specific performance, which are not within the Tribunal's statutory mandate, limited to division, determination of boundaries, claims to occupy or work land, or trespass to land. The Tribunal's award and the subsequent adoption by the SRM Court Wanguru were therefore unlawful and must be quashed. The court allowed the application for certiorari and ordered that each party bear its own costs,...
Court Disposition
application allowed; award and adoption order quashed
Orders
- The award of the Mwea Land Disputes Tribunal is quashed.
- The order of the SRM Court Wanguru adopting the Tribunal's award as judgment is quashed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU Judicial Review 40 of 2009
REPUBLIC………………….………………….….……….APPLICANT
VESUS
THE CHAIRMAN OFMWEA LAND DISPUTES TRIBUNAL….…..…..1ST RESPONDENT
SRM WANGURU COURT………………….……..2ND RESPONDENT
ANN NJOKI…………………………………………3RD RESPONDENT
GATIMU NJERU KARIMI………………………..4TH RESPONDENT
R U L I N G
With the leave of the court granted on 5. 10. 09, the ex-pate Applicant had moved this court for order
“That a prerogative order of certiorari do issue quashing the award of the Mwea Land Disputes Tribunal and the order of the Senior Resident Magistrate Court Wanguru adopting the award as judgment of the court made on 2. 7.2009 canceling the exparte applicant’s title deed over Land Parcel No. KABARE/NYANGATI/4187 and ordering that it be issued jointly to the 3rd and 4th Rpespondents”.
He basically relies on one ground – that the land disputes Tribunal acted ultra vires Section 3(1) of the Land Disputes Tribunal Act.
I have considered the application and the rival affidavits herein. I have also perused the impugned award of the Land Disputes Tribunal.
After hearing the parties in the dispute, the Tribunal arrived at a decision which was more driven by humaneness than by the law. They made a finding that the 4th Respondent herein was a drunkard who had sold his land without informing his wife. They therefore ordered that the wife (since deceased) refunds the KShs.61,511 to the ex-parte applicant which had been paid as the purchase price. If I can start from here, that order was unlawful as the Tribunal has no jurisdiction to enforce contracts or order specific performance. This exceeded their jurisdiction as clearly stipulated under Section 3(1) of Land Disputes Tribunal Act. The Tribunal also “requested” the court to recommend the quashing of the ex-parte Applicant’s Title Deed and that the original title to the plot be issued in the joint names of the 4th Respondent and his late wife. These orders had nothing to do with division of, or determination of boundaries to land; a claim to occupy or work land; or trespass to land which are the only areas the Tribunal is mandated to cover.
The Tribunal did overtly exceed its jurisdiction and for that reason, its award cannot be allowed to stand. The Application dated 17. 10. 09 is therefore allowed. The Award of Mwea Land Disputes Tribunal and the subsequent order of the SRM Court Wanguru adopting the same as judgment of this court are removed into this court and the same are hereby quashed. I order that each party bears its own costs given the demise of the 3rd Respondent who was actually the claimant before the Tribunal.
W. KARANJA
JUDGE
Delivered, dated and signed at Embu this 27th day of September 2010.
In presence of:- Mr. Magee for Ms. Irungu for applicant.