[2010] KEHC 1989 (KLR)
The court found that the Gichugu Land Disputes Tribunal acted in excess of its statutory jurisdiction by purporting to cancel the joint title deed of the ex-parte applicant and the third respondent. Section 3(1) of the Land Disputes Tribunal Act restricts the tribunal's jurisdiction to matters of boundary,...
Source-derived case information.
- Citation
- [2010] KEHC 1989 (KLR)
- Parties
- Applicant: Republic; Respondent: Gichugu Division Land Disputes Tribunal; Respondent: Kerugoya Resident Magistrate; Respondent: Gathumbi Gatonya; Respondent: Monica Njoki Gathumbi
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 146 of 2009
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Certiorari
- Outcome
- Application allowed. Tribunal award and magistrate's adoption quashed.
- Legal Topics
- Jurisdiction of Land Disputes Tribunal, Certiorari, Quashing of Tribunal Award, Registered Land, Title Deed Cancellation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Gichugu Division Land Disputes Tribunal
Respondent
Kerugoya Resident Magistrate
Respondent
Gathumbi Gatonya
Respondent
Monica Njoki Gathumbi
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Certiorari
Legal Issues
- 1 Whether the Gichugu Land Disputes Tribunal had jurisdiction to order the cancellation of a joint title deed for registered land.
- 2 Whether the award and subsequent adoption by the magistrate's court should be quashed for want of jurisdiction.
Ratio Decidendi
The court found that the Gichugu Land Disputes Tribunal acted in excess of its statutory jurisdiction by purporting to cancel the joint title deed of the ex-parte applicant and the third respondent. Section 3(1) of the Land Disputes Tribunal Act restricts the tribunal's jurisdiction to matters of boundary, occupation, and trespass, and expressly excludes determination of ownership or cancellation of title to registered land. The tribunal's award, and its subsequent adoption as a judgment by the Kerugoya Resident Magistrate, were therefore nullities. The court allowed the application for certiorari, quashed the tribunal's decision, and ordered that each party bear its own costs.
Court Disposition
Application allowed. Tribunal award and magistrate's adoption quashed.
Orders
- The decision of the Gichugu Land Disputes Tribunal and the subsequent order of the Kerugoya Resident Magistrate adopting the award as judgment are hereby quashed.
- Each party will bear its own costs.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU
Miscellaneous Application 146 of 2009
REPUBLIC……………….……………...............................…...………APPLICANT
VERSUS
GICHUGUDIVISIONLANDDISPUTESTRIBUNAL & 3 OTHERS.…RESPONDENT
R U L I N G
The ex-parte applicant has with the leave of the court filed the notice of motion dated 26/02/2010 for the following order:-
“That the ex parte applicant named herein be granted an order of certiorari to remove in to the High Court and quash the award of Gichugu Land Disputes Tribunal and the subsequent order of Kerugoya Resident Magistrate adopting the Award as judgment of the court on 17th November, 2009 with respect to land parcel No. KABARE/NGIROCHE/454 in Land Disputes Tribunal Case No. 53 of 2009, Kerugoya.”
The main ground on which the application is premised is that of lack of jurisdiction on the part of the Tribunal.
In its award, the Tribunal made the following orders inter alia;
1. That the land parcel No. KABARA/NGIROCHE/454 which is registered in the names of GATHUMBI GATONYAand MONICA NJOKI GATHUMBI to be sub-divided and distributed as follows;
(i)MONICA NJOKI GATHUMBI
EMMA NJERI NJOKI1 ½ Acres
CATHERINE KARIMI NJOKIjointly
KELVIN MITHAMO NJOKI
(ii)GATHUMBI GATONYA to get 1 ½ Acres to be life interest to GEORGE MUCHIRA GATHUMBI
2. The joint proprietorship to be cancelled.
The jurisdiction of the Land Disputes tribunal is clearly set out in Section 3(1) of the Lands Disputes Tribunal Act.The same stipulates that the Tribunal shall hear and determine the following cases:-
(a)The division of, or the determination of boundaries to land, including land held in common;
(b)A claim to occupy or work land; or
(c)Trespass to land.
This jurisdiction therefore clearly excludes jurisdiction to determine ownership of registered land, and also cancellation or amendment of Title Deeds which are the preserve of the normal civil courts.
The Tribunal therefore acted in excess of its jurisdiction when it purported to cancel the joint Title Deed of the ex-parte Applicant and the 3rd Respondent herein.
Their decision therefore was a nullity and it calls for quashing.The notice of motion dated 26. 02. 2010 has merit.The same is hereby allowed.The said decision is removed into this court and it is herby quashed.Each party will bear its own costs.
W. KARANJA
JUDGE
Delivered, dated and signed at Embu this 19th of July 2010.
In presence of:- Mr. Ngare for Mr. Ngigi Gichoya for ex-parte Applicant.