[2011] KEHC 2182 (KLR)
The court found that the Mwea Land Disputes Tribunal acted without jurisdiction in adjudicating a dispute over registered land, as such jurisdiction is expressly excluded by Section 3(1) of the Land Disputes Act. The Tribunal's award of 4 acres to the 3rd Respondent was therefore ultra vires and void. The subsequent...
Source-derived case information.
- Citation
- [2011] KEHC 2182 (KLR)
- Parties
- Applicant: Republic; Respondent: Mwea Land Disputes Tribunal; Respondent: Senior Resident Magistrate Wanguru; Respondent: Nancy Muthoni Mururia; Applicant: Susan Mwihaki Njau
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 5 of 2011
- Procedural Posture
- Judicial Review / Ruling
- Outcome
- application allowed
- Judges
- AO Muchelule
- Legal Topics
- Jurisdiction of Tribunals, Registered Land Disputes, Certiorari, Ultra Vires Actions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Mwea Land Disputes Tribunal
Respondent
Senior Resident Magistrate Wanguru
Respondent
Nancy Muthoni Mururia
Respondent
Susan Mwihaki Njau
Applicant
Procedural Posture
Judicial Review / Ruling
Legal Issues
- 1 Whether the Mwea Land Disputes Tribunal had jurisdiction to adjudicate on ownership of registered land.
- 2 Whether the award of the Tribunal was ultra vires the Land Disputes Act and Registered Land Act.
- 3 Whether an order of certiorari should issue to quash the Tribunal's award.
Ratio Decidendi
The court found that the Mwea Land Disputes Tribunal acted without jurisdiction in adjudicating a dispute over registered land, as such jurisdiction is expressly excluded by Section 3(1) of the Land Disputes Act. The Tribunal's award of 4 acres to the 3rd Respondent was therefore ultra vires and void. The subsequent adoption of the award by the Senior Resident Magistrate could not cure the jurisdictional defect. Accordingly, the court issued an order of certiorari to remove and quash the Tribunal's award and its adoption. Costs were awarded against the Respondents jointly and severally.
Court Disposition
application allowed
Orders
- The award of the Mwea Land Disputes Tribunal dated 12th November 2010 and adopted by the Senior Resident Magistrate Wanguru on 22nd November 2010 is removed into this court and quashed.
- The costs of the application shall be borne by the Respondents severally and jointly.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
JUDICIAL REVIEW NO. 5 OF 2011
REPUBLIC.…………………………………..….………………….……APPLICANT
VERSUS
MWEALANDDISPUTES TRIBUNAL.………....…………….….1ST RESPONDENT
SENIOR RESIDENT MAGISTRATE WANGURU …........……….2ND RESPONDENT
NANCY MUTHONI MURURIA……….……………….....…..……3RD RESPONDENT
SUSAN MWIHAKI NJAU……………………........……….…….EXPATE APPLICANT
R U L I N G
The Exparte Applicant seeks to be granted an order of Certiorari to remove into this court and quash the award of the 1st Respondent dated 12th November 2010 and adopted by the 2nd Respondent on 22nd November 2010. Before the 1st Respondent the 3rd Respondent successfully claimed 4 acres of land parcel No. MWIRUA/KABIRIRI/1039 which was registered in the name of the Exparte Applicant. Subsequently, 2nd Respondent has adopted the award and will consequently be directing the sub-division of the suit land to enable the 3rd Respondent get the 4 acres.
The objective of an order of Certiorari is to quash a decision for lack or excess of jurisdiction.(TIMOTHEO MAKENGE VS MANUNGA NGOCHI Civil Appeal No. 25 of 1978).It is now settled that under Section 3 (1) of the Land Dispute Act (Act No.18 of 1990), the Land Disputes Tribunal has no jurisdiction to adjudicate on ownership of registered land.(REPUBLIC VS KAJIADO DISPUTES TRIBUNAL & OTHERS EXPARTE JOYCE WAMBUI & ANOTHER Nairobi High Court Misc. Appeal No. 689 of 2001).The land herein is registered under the Registered Land Act ( Cap 300).
It is obvious that the 1st Respondent lacked jurisdiction to entertain this dispute in which the 3rd Respondent claimed a portion of the Exparte Applicant’s land, and in awarding 4 acres to the 3rd Respondent the 1st Respondent acted ultra vires the Act. Consequently, the award of the Tribunal is hereby removed into this court and quashed. The costs of the application shall be borne by the Respondents severally and jointly.
DELIVERED, DATED AND SIGNED AT EMBU THIS 30TH DAY OF JUNE 2011.
A.O. MUCHELULE
JUDGE
In the presence of:-