[2013] KEHC 6333 (KLR)
The Land Disputes Tribunal exceeded its statutory jurisdiction by determining a dispute involving ownership and sale of land, which is outside the scope of matters it is empowered to adjudicate under Section 3(1) of the Land Disputes Tribunal Act Cap 303A. Consequently, the decision of the Tribunal, as well as its...
Source-derived case information.
- Citation
- [2013] KEHC 6333 (KLR)
- Parties
- Applicant: Republic; Respondent: Land Disputes Tribunal Lari District; Respondent: Senior Principal Magistrate’s Court Limuru; Interested Party: Mary Wangari; Applicant: Peter Muniu Ngugi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 51 of 2011
- Procedural Posture
- Judicial Review Application / Judgment
- Outcome
- Application allowed. Orders of certiorari granted quashing the decisions of the Tribunal and Magistrate's Court. Each party to bear own costs.
- Legal Topics
- Jurisdiction of Tribunals, Land Sale Disputes, Judicial Review Remedies
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Land Disputes Tribunal Lari District
Respondent
Senior Principal Magistrate’s Court Limuru
Respondent
Mary Wangari
Interested Party
Peter Muniu Ngugi
Applicant
Procedural Posture
Judicial Review Application / Judgment
Legal Issues
- 1 Whether the Land Disputes Tribunal had jurisdiction to determine disputes involving ownership and sale of land.
- 2 Whether the adoption of the Tribunal's decision by the Magistrate's Court was valid.
Ratio Decidendi
The Land Disputes Tribunal exceeded its statutory jurisdiction by determining a dispute involving ownership and sale of land, which is outside the scope of matters it is empowered to adjudicate under Section 3(1) of the Land Disputes Tribunal Act Cap 303A. Consequently, the decision of the Tribunal, as well as its adoption by the Senior Principal Magistrate’s Court, are nullities. The High Court, in its judicial review capacity, cannot grant equitable remedies such as refund of the purchase price, but can only quash the impugned decisions for want of jurisdiction.
Court Disposition
Application allowed. Orders of certiorari granted quashing the decisions of the Tribunal and Magistrate's Court. Each party to bear own costs.
Orders
- An order of certiorari is issued quashing the decision of the Lari District Land Disputes Tribunal awarding half an acre of land to the interested party.
- An order of certiorari is issued quashing the decision of the Senior Principal Magistrate’s Court at Limuru adopting the Tribunal's decision.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW DIVISION
JR ELC 51 OF 2011
REPUBLIC ...................................................................APPLICANT
VERSUS
LAND DISPUTES TRIBUNAL LARI DISTRICT......1ST RESPONDENT
SENIOR PRINCIPAL MAGISTRATE’S
COURT LIMURU ................................................2ND RESPONDENT
MARY WANGARI ...........................................INTERESTED PARTY
EX-PARTE
PETER MUNIU NGUGI
JUDGEMENT
Through the notice of motion dated 11th June, 2011 Peter Muniu Ngugi (the ex-parte applicant) prays for an order of certiorari quashing the decision made by the Lari District Land Disputes Tribunal (the 1st respondent) awarding Mary Wangari (the interested party) half an acre of his land parcel number Kiambu/LARI/827 in Tribunal Case No. LARI/LND/7/3/7(2010) on 6th January, 2011. He also seeks an order of certiorari to quash the decision made on 15th March, 2011 by the Senior Principal’s Court at Limuru (the 2nd respondent) adopting the decision of the 1st respondent.
According to the proceedings before the 1st respondent, sometimes in 2004 the ex-parte applicant and the interested party entered into an agreement in which the ex-parte applicant was to sell ½ acre of his land parcel number KIAMBU/LARI/827 to the interested party at an agreed price of Kshs.300,000/=. The interested party paid the purchase price by installments and eventually took possession of the parcel of land after the same was demarcated. The interested party later asked the ex-parte applicant to transfer the parcel of land to her but he refused. That is when the interested party launched proceedings before the 1st respondent. After hearing the matter, the 1st respondent awarded 0. 5 acres of the ex-parte applicant’s parcel of land to the interested party. This is the decision which the ex-parte applicant seeks to quash.
It is the ex-parte applicant’s case that the 1st respondent had no jurisdiction to hear the matter. The interested party on the other hand appeals to equity and has asked this court to do that which is just.
The 1st respondent was a creature of the repealed Land Disputes Tribunal Act Cap 303 A. Section 3(1) of the said Act gave it jurisdiction as follows:-
“3(1) Subject to this Act, all cases of a civil nature involving a dispute as to –
(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, shall be heard and determined by a Tribunal established under section 4. ”
It is clear that the 1st respondent was not mandated to hear disputes touching on ownership of land. It had no jurisdiction to hear matters touching on contracts for sale of land. The 1st respondent therefore overstepped its boundaries by hearing and making a determination in the matter. It also follows that the decision which the 2nd respondent purported to adopt was a nullity. The application therefore succeeds and the same is allowed.
It is unfortunate that this court has no powers in its judicial review capacity to order the refund of the money paid by the interested party to the applicant or even to give other orders. Considering that there is unfinished business between the parties, I order each party to meet own costs.
Dated, signed and delivered at Nairobi this 16th day of April , 2013
W. K. KORIR,
JUDGE
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