[2007] KEHC 1044 (KLR)
The court found that the District Land Disputes Tribunal acted without jurisdiction when it determined a claim based on trust over registered land, as such matters fall outside the scope of the Tribunal's statutory powers. The Registered Land Act protects the interests of the registered proprietor, and only the High...
Source-derived case information.
- Citation
- [2007] KEHC 1044 (KLR)
- Parties
- Applicant: Jane Wainoi Rang'a; Respondent: District Land Disputes Tribunal – Central Division; Respondent: Senior Resident Magistrate’s Court Kerugoya; Respondent: Julius Muriithi Rang'a
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Children Miscellaneous Application 156 of 2006
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- Application allowed. Orders of the Tribunal and Magistrate's Court quashed.
- Legal Topics
- Judicial Review, Land Ownership, Jurisdiction of Tribunals, Trusts in Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Wainoi Rang'a
Applicant
District Land Disputes Tribunal – Central Division
Respondent
Senior Resident Magistrate’s Court Kerugoya
Respondent
Julius Muriithi Rang'a
Respondent
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether the District Land Disputes Tribunal had jurisdiction to determine a claim based on trust over registered land.
- 2 Whether the adoption of the Tribunal's award by the Senior Resident Magistrate's Court was valid.
Ratio Decidendi
The court found that the District Land Disputes Tribunal acted without jurisdiction when it determined a claim based on trust over registered land, as such matters fall outside the scope of the Tribunal's statutory powers. The Registered Land Act protects the interests of the registered proprietor, and only the High Court has jurisdiction to determine issues of trust in registered land. Consequently, the proceedings before the Senior Resident Magistrate's Court adopting the Tribunal's award into a decree were void and of no legal effect. The application for judicial review was therefore allowed, and the orders of the Tribunal and the Magistrate's Court were quashed.
Court Disposition
Application allowed. Orders of the Tribunal and Magistrate's Court quashed.
Orders
- The orders of the District Land Disputes Tribunal – Central Division Kirinyaga in respect of plot No. Inoi/Ndimi/456 made on 31/8/2006 are quashed.
- The adoption of the Tribunal's award by the Senior Resident Magistrate’s Court Kerugoya into a court decree is quashed.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU
Misc 156 of 2006
IN THE MATTER OF AN APPLICATION BY JANE WAINOI RANG’A FOR
ORDERS OF JUDICIAL REVIEW
AND
IN THE MATTER OF LAND DISPUTE TRIBUNAL CASE NO. T.C 13 OF 2005
CENTRAL DIVISION KIRINYAGA DISTRICT
AND
IN THE MATTER OF KERUGOYA SENIOR RESIDENT MAGISTRATE’S COURT
LAND DISPUTES TRIBUNAL CASE NO. 84 OF 2006
AND
IN THE MATTER OF LAND PARCEL NO. INOI/NDIMI/456
REPUBLIC OF KENYA…………….............................................................………APPLICANT
VERSUS
THE DISTRICT LAND DISPUTES TRIBUNAL – CENTRAL DIVISION
THE SENIOR RESIDENTMAGISTRATE’S COURT KERUGOYA
JULIUS MURIITHI RANG’A……………...……............................................... RESPONDENTS
EX-PARTE
1. JANE WAINOI RANG'A……........................................….....…………..………...APPLICANT
JUDGMENT
Notice of Motion dated 21/11/2006 seeks to quash orders of District Lands Dispute – Central Division Kirinyaga in respect of plot No. Inoi/Ndimi/456 made on 31/8/2006 and also to quash the adoption of Senior Resident Magistrate’s Court Kerugoya into a court decree.The record of the proceedings shows that the claimant is the step son of the Ex parte Applicant and that his claim is ½ of plot No. Inoi/Ndimi/456. This land is registered in the name of Exparte Applicant. He is also claiming under a trust. The tribunal made an awarddirecting the Ex parte Applicants land to be subdivided and ½ thereof be given to the claimant and ½ to remain with Exparte Applicant.
This award interferes with the ownership of the land in dispute. The Applicant is the proprietor and her interest is protected under Registered Land Act Cap 300 Section 27and 28. The issue as to whether there was a trust in favour of the claimant is not within the jurisdiction of the Tribunal. It is not for Judicial Review to fault the decision of the Tribunal but to see to it that the Tribunal keeps within the powers granted by the statute establishing the same.
It is my finding that the Tribunal acted without jurisdiction and the proceedings before the Senior Resident Magistrate Kerugoya adopting the award into a decree were void and null.
I allow the application and grant orders as prayed.
No orders as to costs.
Dated this 13th March, 2007.
J. N. KHAMINWA
JUDGE
13/3/2007
Khaminwa – Judge
Njue – Clerk
Mr. Kahiga for Applicant
Respondent in person
J. N. KHAMINWA
JUDGE