[2010] KEHC 1543 (KLR)
The court found that the Land Disputes Tribunal and the Provincial Appeals Committee acted outside their statutory jurisdiction by purporting to determine issues of ownership and title to registered land and by canceling the applicant's title. The Land Disputes Tribunals Act expressly excludes such matters from the...
Source-derived case information.
- Citation
- [2010] KEHC 1543 (KLR)
- Parties
- Applicant: Republic; Respondent: Chairman: Provincial Land Disputes Tribunal (R.V.P.); Respondent: Lydia Nyanjau Muhono; Applicant: Joseph Waithuki Kamuhia
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 28 of 2010
- Procedural Posture
- Judicial Review / Ruling on Substantive Motion
- Outcome
- motion allowed
- Judges
- JK Sergon
- Legal Topics
- Jurisdiction of Tribunals, Land Title Disputes, Judicial Review Remedies
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Chairman: Provincial Land Disputes Tribunal (R.V.P.)
Respondent
Lydia Nyanjau Muhono
Respondent
Joseph Waithuki Kamuhia
Applicant
Procedural Posture
Judicial Review / Ruling on Substantive Motion
Legal Issues
- 1 Whether the Land Disputes Tribunal and the Provincial Appeals Committee had jurisdiction to determine disputes relating to ownership and title to registered land.
- 2 Whether the orders made by the tribunals affecting title to land were null and void ab initio.
Ratio Decidendi
The court found that the Land Disputes Tribunal and the Provincial Appeals Committee acted outside their statutory jurisdiction by purporting to determine issues of ownership and title to registered land and by canceling the applicant's title. The Land Disputes Tribunals Act expressly excludes such matters from the tribunal's jurisdiction, reserving them for the High Court. The applicant, as the registered proprietor, enjoys statutory protection under the Registered Land Act, and any orders affecting his title made by the tribunal or appeals committee are null and void ab initio. Consequently, the court allowed the motion, quashed the proceedings and awards of the tribunals, and...
Court Disposition
motion allowed
Orders
- An order of certiorari is issued to quash the proceedings and award in the Provincial Land Disputes Tribunal (R.V.P.) and District Lands Disputes Tribunal, Ngarua in respect of L.R. No. Laikipia/Kinamba/Mwenje Block 1/1657.
- An order of prohibition is issued to prohibit the Provincial Land Disputes Tribunal (R.V.P.) from proceeding on matters relating to Title No. Laikipia/Kinamba Mwenje Block 1/1657 as regards ownership and title.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
Judicial Review 28 of 2010
REPUBLIC …………….…................................................ APPLICANT
VERSUS
THE CHAIRMAN:PROVINCIALLAND
DISPUTES TRIBUNAL (R.V.P.) …………………. 1ST RESPONDENT
LYDIA
NYANJAU MUHONO …...…………………. 2ND RESPONDENT
EXPARTE
JOSEPH WAITHUKI KAMUHIA ……………….....……………. APPLICANT
R U L I N G
The subject matter of this ruling is the motion dated 10th March 2010 in which Joseph Waithuki Kamuhia, the exparte applicant seeks for the following orders:-
1. An order of Certiorari do issue to remove into the High Court and quash the proceedings and the award in the Provincial Land Disputes Tribunal (R.V.P.) and District Lands Disputes Tribunal, Ngarua in respect of L.R. No. Laikipia/Kinamba/Mwenje Block 1/1657 registered in the name of Joseph Waithuki Kamuhia as being null and void ab-initio.
2. An order of Prohibition do issue to prohibit the
ProvincialLandDisputes Tribunal (R.V.P.) from proceeding on matters relating to Title No. Laikipia/Kinamba Mwenje Block 1/1657 in so far as it relates to ownership and title thereof.
3. That the costs of this application be provided for.
The motion is accompanied by the statement and is verified by the verifying affidavit of Joseph Waithuki Kamuhia sworn on
16th January 2010. It would appear the motion was served but save for the 1st Respondent which filed a notice of preliminary objection,Lydiah Nyanjau Muhono, the 2nd Respondent failed to file any reply.
When the motion came up for hearing Mr. Ng’ang’a, learned advocate for the exparte applicant argued one main ground which is to the effect thatthe Land Disputes Tribunal and the appeals committee had no jurisdiction to determine a dispute relating to title to land.I have carefully perused the material placed before this court and the oral submissions of Mr. Ng’ang’a.The record shows that the 2nd Respondent herein had filed a complaint before the Nanyuki Land Disputes Tribunal claiming to be entitled to the parcel of land known as LR No. Laikipia/Kinamba Mwenje Block 1/1657. The Land Disputes Tribunal found the case for the 2nd Respondent.The Applicant was unhappy hence he was prompted to file an appeal to the Rift Valley Provincial Land Disputes Appeals Tribunal.In its decision delivered on27th November 2009, the Provincial Appeals Committee set aside the Land Disputes Tribunals award of4th September 2001. In the same judgment the appeals committee awarded the 2nd Respondent half the land.The Appeals Committee further issued orders canceling the title held by the Applicant.
The jurisdiction of the Land Disputes Tribunal is defined under Section 3(1) of the Land Disputes Tribunals Act No. 18 of 1990. The tribunal was not authorized to hear and determine disputes relating to ownership or title to land.The land in dispute i.e. L.R. No. Laikipia/Kinamba Mwenje Block 1/1657 is registered in the name of Joseph Waithuki Kamuhia.His rights therefore as a registered proprietor are protected under sections 27 and 28 of the Registered Land Act.The jurisdiction to cancel title is bestowed upon the High Court and not the tribunal.In the end I find the motion dated10th March 2010to be well founded, it is allowed as prayed.
Dated and delivered this 23rd day of July, 2010.
J. K. SERGON
JUDGE
In open court in the presence of Mr. Wahome for the 1st Respondent.No appearance for Ng’ang’a for Applicant.
No appearance for the 2nd Respondent