[2015] KEHC 4313 (KLR)
The court found that the Land Disputes Tribunal, Makueni, exceeded its statutory jurisdiction by making a decision on the subdivision and ownership of land parcels Nzaui/Kalamba/719 and Nzaui/Kalama/505. Section 3(1) of the Land Disputes Tribunal Act restricts the Tribunal’s jurisdiction to matters involving...
Source-derived case information.
- Citation
- [2015] KEHC 4313 (KLR)
- Parties
- Applicant: Republic; Respondent: Makueni District Land Tribunal; Respondent: Makueni Senior Resident Magistrate’s Court; Interested Party: William Wambua Ngunda; Applicant: Mukwala Ngunda
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 274 of 2006
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Quash Tribunal Award
- Outcome
- application allowed; tribunal award quashed
- Judges
- BT Jaden
- Legal Topics
- Jurisdiction of Land Disputes Tribunal, Quashing of Tribunal Awards, Subdivision and Ownership of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Makueni District Land Tribunal
Respondent
Makueni Senior Resident Magistrate’s Court
Respondent
William Wambua Ngunda
Interested Party
Mukwala Ngunda
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Application to Quash Tribunal Award
Legal Issues
- 1 Whether the Makueni Land Disputes Tribunal had jurisdiction to determine issues of subdivision and ownership of land.
- 2 Whether the award and verdict of the Tribunal and its adoption by the Magistrate’s Court should be quashed.
Ratio Decidendi
The court found that the Land Disputes Tribunal, Makueni, exceeded its statutory jurisdiction by making a decision on the subdivision and ownership of land parcels Nzaui/Kalamba/719 and Nzaui/Kalama/505. Section 3(1) of the Land Disputes Tribunal Act restricts the Tribunal’s jurisdiction to matters involving division or determination of boundaries, claims to occupy or work land, and trespass to land. The Tribunal’s determination of ownership and subdivision went beyond these limits. Consequently, the award and its adoption by the Magistrate’s Court were null and void for want of jurisdiction. The application to quash the Tribunal’s award was therefore allowed.
Court Disposition
application allowed; tribunal award quashed
Orders
- The award, findings and verdicts of the Makueni Land Disputes Tribunal Case No. 81 of 2006 and their adoption by the Makueni Senior Resident Magistrate’s Court in LDTC Miscellaneous Number 53 of 2006 are declared null and void and are quashed.
- Each party to bear their own costs.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
MISC. APPLICATION NO. 274 OF 2006
REPUBLIC..............................................................................APPLICANT
VERSUS
MAKUENI DISTRICT LAND TRIBUNAL............................1ST RESPONDENT
MAKUENI SENIOR RESIDENT MAGISTRATE’S COURT...2ND RESPONDENT
AND
WILLIAM WAMBUA NGUNDA.....................................INTERESTED PARTY
AND
MUKWALA NGUNDA...............................................EX-PARTE APPLICANT
RULING
1. The application dated 4th January, 2007 seeks orders that the award, findings and verdicts of the Makueni Land Disputes Tribunal Case No. 81 of 2006 and read to the parties by the Makueni Senior Resident Magistrate’s Court in LDTC Miscellaneous Number 53 of 2006 on 5. 11. 2006 be declared null and void and be removed and brought forth to the High Court for purposes of being quashed and or set aside.
2. According to the affidavit in support, the statement of facts and the verifying affidavit, the Land Disputes Tribunal, Makueni District in Case No. 81 of 2006 was adopted as the judgment of the court by the SRMC, Makueni Land Disputes Tribunal Case No. 53 of 2006 on 15th November, 2006.
3. In its decision, the Land Dispute Tribunal, Makueni subdivided land parcel Nos. Nzaui/Kalamba/719 and Nzaui/Kalama/505 between the ex-parte Applicant (herein Applicant) and the interested party. The Applicants complaint is that the tribunal did not have the requisite jurisdiction to hear the case.
4. The application is opposed. According to the replying affidavit, the land in question was ancestral land. That during the land adjudication process, the land was registered in the Applicant’s name to hold in trust for himself and the other family members. It is contended that the tribunal had jurisdiction to hear the case as it involved a claim to occupy and work land.
5. The tribunal’s decision was that the interested party was to be given a share of the land in question by the Applicant. The tribunal then directed the District Surveyor to implement the decision on the ground.
6. The aforesaid decision by the Tribunal was clearly a decision on subdivision and ownership of land. The Tribunal overstepped its mandate as provided for by Section 3(1) of the Land Disputes Tribunal Act No. 18 of 1990 which stipulates 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. ”
7. Consequently, the application is allowed as prayed. The parties herein can consider having their dispute heard by a court of competent jurisdiction. Taking into account the circumstances of this case, each party to meeting own costs.
………………………………………
B. THURANIRA JADEN
Dated and delivered at Machakos this 5th day of June, 2015
………………………………
B. THURANIRA JADEN
JUDGE