[2013] KEHC 3736 (KLR)
The court found that the applicant had lawfully purchased the land, obtained the necessary Land Control Board consent, and pursued the dispute through the appropriate statutory mechanisms. The Lunga Lunga Disputes Tribunal awarded the land to the applicant, and this award was duly adopted by the Kwale Magistrate's...
Source-derived case information.
- Citation
- [2013] KEHC 3736 (KLR)
- Parties
- Applicant: Reuben Chilembi Mwakudza; Respondent: Mumba Chimbundugo; Respondent: Chiroto Chimbundugo; Respondent: Ndegwa Chimbundugo
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 8 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Vesting Order
- Outcome
- application granted
- Legal Topics
- Vesting Orders, Land Sale Disputes, Land Control Consent, Tribunal Award Confirmation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Reuben Chilembi Mwakudza
Applicant
Mumba Chimbundugo
Respondent
Chiroto Chimbundugo
Respondent
Ndegwa Chimbundugo
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Vesting Order
Legal Issues
- 1 Whether the applicant is entitled to a vesting order for 5.0 hectares of land known as Kwale Mnanazini/124.
- 2 Whether the respondents are barred from challenging the award after expiry of the appeal period.
- 3 Whether all necessary consents and procedures for transfer of land were complied with.
Ratio Decidendi
The court found that the applicant had lawfully purchased the land, obtained the necessary Land Control Board consent, and pursued the dispute through the appropriate statutory mechanisms. The Lunga Lunga Disputes Tribunal awarded the land to the applicant, and this award was duly adopted by the Kwale Magistrate's Court. No appeal was filed by the respondents within the statutory period, and all necessary consents for transfer had been obtained. As such, the applicant's beneficial interest in the land was established and unchallenged. The court held that the respondents were barred from contesting the award after the expiry of the appeal period, and the applicant was entitled to a vesting...
Court Disposition
application granted
Orders
- A vesting order is granted to the applicant in respect of 5.0 hectares of land known as Kwale Mnanazini/124.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
Miscellaneous Civil Application 8 of 2012 [if gte mso 9]><![endif]
IN THE MATTER OF:LAND DISPUTE TRIBUNAL ACT
IN THE MATTER OF:THE PRINCIPAL MAGISTRATE'S COURT AT KWALE
IN THE MATTER OF:AN APPLICATION BY REUBEN CHILEMBI MWAKUDZA FOR ORDERS VESTING 5. 0 HECTAES INTHE PARCEL OF LAND KNOWN AS TITLE NO. KWALE MNANAZINI/124 OCCUPIED BY THE APPLICANT
BETWEEN
REUBEN CHILEMBI MWAKUDZA ....................................................... APPLICANT
AND
MUMBA CHIMBUNDUGO .......................................................... IST RESPONDENT
CHIROTO CHIMBUNDUGO ....................................................... 2ND RESPONDENT
NDEGWA CHIMBUNDUGO .........................................................3RD RESPONDEN
RULING
The application herein is dated 31/5/2002 whereby the application seeks for a vesting order against the defendant in respect of 5. 0 hectares of the piece of land known as Kwale Mnanazini/124 and costs for this application.
The plaintiff avers that on or around the year 1987, he bought the shamba of the respondent's father for a consideration of Kshs. 28,800. The land was about 12 acres.
The applicant obtained Land Control Consent for that transaction on 8. 12. 93. Before applicant's father could transfer the said piece of land he died in 1995. The applicant then
learnt the respond therein would inherit his father's piece of land. he approached him and with the help of the Chief the respondent agreed to do so but later refused. The applicant then filed a dispute in the Lunga Lunga Disputes Tribunal under the provisions of Act No. 18 of 1980 (now repealed.) The case was heard and determined on 31. 8.2009 and the land was awarded to the applicant herein.
Thereafter, the applicant filed a case, Land Case No. 13 of 2009 in the Kwale Magistrate's Court to confirm that Award. The Award was adopted as the Order of the Court on 21/5/2009.
Under the provisions Act 18 of 1990(now repealed) any party who was aggrieved by the Order of the District Tribunal could appeal to the Provincial Land Appeals Tribunal and then to the High Court but only on a point of law.
No appeal seems to have been preffered at all and that is presumably why the matter was set down for confirmation before the Principal Magistrate's Court, Kwale once the 30 days provided for such appeal expired.
All the necessary consents having been sought and granted and the time for all other avenues for appeal having expired, the door is unfortunately, tightly closed on the respondent. The applicant is well within his right to ask for vesting order. The beneficial interest of the suit property has vested in him. He cannot be denied. I grant the vesting order to him as prayed. There shall be no orders as to costs.
S.N. MUKUNYA
JUDGE
2. 5.2013
DATED and delivered at Mombasa this 2nd day of May 2013
In the presence of:
Mema for applicant
Non appearance for respondent
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