[2010] KEHC 3973 (KLR)
The court found that the Njoro Land Dispute Tribunal acted without jurisdiction when it purported to determine the ownership and order the subdivision of registered land, specifically Title Njoro/Ngata Block 5/108. The Registered Land Act reserves such jurisdiction to the High Court or other courts as provided by...
Source-derived case information.
- Citation
- [2010] KEHC 3973 (KLR)
- Parties
- Applicant: Republic; Respondent: Land Dispute Tribunal Njoro; Defendant: Gladys Chepkemoi Maina; Applicant: Monica Chepkorir Maina
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 34 of 2009
- Procedural Posture
- Judicial Review / Ruling
- Outcome
- Application allowed. Tribunal's decision quashed. No order as to costs.
- Legal Topics
- Jurisdiction of Tribunals, Registered Land Disputes, Certiorari, Prohibition Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Land Dispute Tribunal Njoro
Respondent
Gladys Chepkemoi Maina
Defendant
Monica Chepkorir Maina
Applicant
Procedural Posture
Judicial Review / Ruling
Legal Issues
- 1 Whether the Njoro Land Dispute Tribunal had jurisdiction to determine ownership of registered land.
- 2 Whether the Tribunal's decision to order subdivision of Title Njoro/Ngata Block 5/108 was lawful.
Ratio Decidendi
The court found that the Njoro Land Dispute Tribunal acted without jurisdiction when it purported to determine the ownership and order the subdivision of registered land, specifically Title Njoro/Ngata Block 5/108. The Registered Land Act reserves such jurisdiction to the High Court or other courts as provided by law, not to the Tribunal. As a result, the Tribunal's decision was ultra vires and liable to be quashed by an order of certiorari. The absence of opposition from the respondent or interested party further supported the grant of the orders sought.
Court Disposition
Application allowed. Tribunal's decision quashed. No order as to costs.
Orders
- The decision of the Njoro Land Dispute Tribunal made on 27th November 2008 is quashed.
- No order as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
Judicial Review 34 of 2009
IN THE MATTER OF AN APPLICATION BY MONICA CHEPKORIR MAINA OF CERTIORARI & PROHIBITION
AND
IN THE MATTER OF NAKURU CMC LAND DISPUTE NO. 43 OF 2008
AND
IN THE MATTER OF REGISTERED LAND ACT CAP 300 LAWS OF KENYA
BETWEEN
REPUBLIC…………………………………..…….APPLICANT
AND
LAND DISPUTE TRIBUNAL NJORO………………….RESPONDENT
AND GLADYS CHEPKEMOI MAINA……...…INTERESTED PARTY
RULING
This is a judicial review application brought under Order 53 Rule 3 of the Civil Procedure Rules and Section 8 the Law Reform Act. It seeks an order of certiorari to bring to this court and quash the proceedings and decision of Njoro Land Dispute Tribunal (the Tribunal) made on 27th November 2008 on the grounds that no claim whatsoever capable of giving raise to an award was presented before it and that as the dispute related to registered land the Tribunal had no jurisdiction to entertain it.
Though served, neither the respondent nor the interested party filed any papers in opposition to the application.
Having perused the record I agree with Mrs Wanderi for the ex-parte applicant that the Tribunal had no jurisdiction to determine as it purported to do the issue of ownership of the property known as Title Njoro/Ngata Block 5/108 and to order its subdivision into three portions. Consequently I allow this application and quash the Tribunal’s decision of 27th November 2008. The application having not been opposed by the respondent or the interested party, I make no order as to costs.
DATED and delivered this 25th day of January, 2010.
D. K. MARAGA
JUDGE.