[2012] KEHC 2824 (KLR)
The court found that the Kisumu West District Land Dispute Tribunal acted outside its statutory jurisdiction by recommending the cancellation of a registered title deed. Section 3 of the now repealed Land Disputes Tribunal Act did not empower the tribunal to cancel title deeds. Consequently, the tribunal's decision...
Source-derived case information.
- Citation
- [2012] KEHC 2824 (KLR)
- Parties
- Applicant: Republic; Respondent: Chief Magistrate Kisumu; Respondent: Chairman Kisumu West Land Dispute Tribunal; Respondent: Land Dispute Tribunal; Interested Party: John Alaro; Ex Parte Applicant: Cliff Obu (Cliff Daniel Otieno); Ex Parte Applicant: Charles Obura
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 66 of 2011
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- Application allowed. Orders of certiorari granted. Costs awarded to the applicant.
- Judges
- HK Chemitei
- Legal Topics
- Judicial Review, Tribunal Jurisdiction, Title Cancellation, Land Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Chief Magistrate Kisumu
Respondent
Chairman Kisumu West Land Dispute Tribunal
Respondent
Land Dispute Tribunal
Respondent
John Alaro
Interested Party
Cliff Obu (Cliff Daniel Otieno)
Ex Parte Applicant
Charles Obura
Ex Parte Applicant
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether the Kisumu West District Land Dispute Tribunal had jurisdiction to cancel a registered title deed.
- 2 Whether the tribunal's decision and its adoption by the Chief Magistrate's Court were ultra vires and thus null and void.
Ratio Decidendi
The court found that the Kisumu West District Land Dispute Tribunal acted outside its statutory jurisdiction by recommending the cancellation of a registered title deed. Section 3 of the now repealed Land Disputes Tribunal Act did not empower the tribunal to cancel title deeds. Consequently, the tribunal's decision and its adoption as a judgment by the Chief Magistrate's Court were ultra vires, null, and void. The court therefore granted the order of certiorari as sought by the ex-parte applicant, quashing the tribunal's proceedings and the subsequent adoption by the Chief Magistrate's Court. Costs were awarded to the applicant.
Court Disposition
Application allowed. Orders of certiorari granted. Costs awarded to the applicant.
Orders
- The proceedings and decision of Kisumu West District Land Dispute Tribunal in Case No. 19 of 2010 dated 22-6-2011 and its adoption by the Chief Magistrate’s Court Kisumu on 16-12-2011 in Land Case No. 76 of 2011 are quashed.
- The adoption of the tribunal's award/decision as a judgment by the Chief Magistrate’s Court is declared null and void.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
Judicial Review 66 of 2011
REPUBLIC……………………………………….…………APPLICANT
VERSUS
CHIEF MAGISTRATE KISUMU……….….....……1ST RESPONDENT CHAIRMAN KISUMU WEST……….……....……2ND RESPONDENT LAND DISPUTE TRIBUNAL……………...……..3RD RESPONDENT
AND
JOHN ALARO……………………...…………INTERESTED PARTY
AND CLIFF OBU...……...……............…...……….EX-PARTE APPLICANT CHARLES OBURA……….…..…...….…….EX-PARTE APPLICANT
J U D G M E N T
The application by the ex-parte applicant is dated 5-1-2012 prays for the following orders:- That this application be certified as urgent and be heard ex-parte and on priority basis. That this honourable court be pleased to grant an order to the applicants in the nature of certiorari quashing the proceedings and decision of Kisumu West District Land Dispute Tribunal in Kisumu West District Land Dispute Tribunal Case No. 19 of 2010 dated 22-6-2011 and adopted as judgment by the Chief Magistrate’s court Kisumu on 16-12-2011 in land dispute tribunal case No. 76 of 2011 ordering that KSM/Kadongo/2362 be sub-divided as follows: From South to North measurements 164m by 27m by 164 by 39m be registered for John Alaro Awiti the remaining land remain for Cliffe Daniel Otieno. Recommending that the present title deed in the name of Cliff Daniel Otieno be cancelled. Ordering that Kisumu District Land Dispute Registrar to move to KSM/Kadongo/2362 and sub divide it as indicated above and give new registration to the parties. That the court’s adoption on 16-12-2011 as a judgment of the tribunal’s award/decision made/dated 22-6-2011 in Kisumu West District Land Dispute Tribunal case No. 19 of 2010 and made as judgment by Kisumu Chief Magistrate’s Court in Land Case No. 76 of 2011 respectively be declared null and void. The applicant further prays that the costs of this application be granted to him. It is supported by the verifying affidavit of Cliff Daniel Obura alias Cliffe Daniel Otieno sworn on 5-1-2012. When this matter came up for hearing the learned state counsel acting for the respondents told the court that she was not opposed to the application. The interested party acting in person said that he had nothing useful to add as he had been awarded the suit property by the tribunal and later by the court. From the pleadings, it is not in dispute that the suit property Kisumu/Kadongo/2362 is registered in the name of the ex-parte applicant. The tribunal on 22-6-2011 recommended that the said title be cancelled and part of the land be given to the interested party. The now repealed Land Disputes Tribute Act under section 3 thereof does not grant the tribunal the jurisdiction to cancel the title deed. The same acted ultra vires. Without therefore going into the other meritous issues raised by the applicant, I shall allow the said application. The applicant shall have the costs of this application. Orders accordingly.
Dated, signed and delivered at Kisumu this 25th July, 2012
H. K. CHEMITEI JUDGE
In the presence of: ………………………………………….…....…..for the state …………………………………………....…for the applicant …………………………………….for the interested parties ……………………………………….for ex-parte applicants HKC/va