[2014] KEHC 3164 (KLR)
The court found that the Central Division Land Disputes Tribunal acted outside its statutory jurisdiction under section 3(1) of the Land Disputes Tribunal Act by adjudicating a dispute concerning ownership and excision of land, which is not within the matters the Tribunal is empowered to determine. Furthermore, the...
Source-derived case information.
- Citation
- [2014] KEHC 3164 (KLR)
- Parties
- Applicant: Richard Mutinda Muindi; Respondent: Central Division Land Disputes Tribunal Machakos; Respondent: Chief Magistrate’s Court Machakos; Respondent: District Land Surveyor; Respondent: Honourable Attorney General; Interested Party: Jackson Mutuku Katuku
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 112 of 2009
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Judicial Review
- Outcome
- Application allowed. Tribunal award and proceedings quashed. Prohibition orders granted. Each party to bear own costs.
- Judges
- BT Jaden
- Legal Topics
- Judicial Review, Tribunal Jurisdiction, Natural Justice, Land Disputes, Quashing Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Mutinda Muindi
Applicant
Central Division Land Disputes Tribunal Machakos
Respondent
Chief Magistrate’s Court Machakos
Respondent
District Land Surveyor
Respondent
Honourable Attorney General
Respondent
Jackson Mutuku Katuku
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Judicial Review
Legal Issues
- 1 Whether the Central Division Land Disputes Tribunal had jurisdiction to adjudicate on the dispute concerning land parcel Muputi/Kiima Kimwe/22.
- 2 Whether the Tribunal's proceedings and award were void for failure to observe rules of natural justice.
- 3 Whether prohibition and certiorari orders should issue to quash the Tribunal's award and prohibit its enforcement.
Ratio Decidendi
The court found that the Central Division Land Disputes Tribunal acted outside its statutory jurisdiction under section 3(1) of the Land Disputes Tribunal Act by adjudicating a dispute concerning ownership and excision of land, which is not within the matters the Tribunal is empowered to determine. Furthermore, the Tribunal proceeded to hear a case involving a deceased person without a grant of Letters of Administration, violating the rules of natural justice. As a result, the Tribunal's award and all consequential orders were declared null and void ab initio. The court granted the orders of certiorari and prohibition as sought, quashing the Tribunal's award and prohibiting its...
Court Disposition
Application allowed. Tribunal award and proceedings quashed. Prohibition orders granted. Each party to bear own costs.
Orders
- The award given on 27/10/2008 by the Central Division Land Disputes Tribunal Machakos and the entire proceedings thereof in Tribunal Case No. 94 of 2007 are quashed.
- Prohibition orders issued prohibiting the Chief Magistrate’s Court Machakos from issuing a decree or execution orders respecting the said Tribunal award.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
MISC. CIVIL APPLICATION NO. 112 OF 2009
IN THE MATTER OF AN APPLICATION BY RICHARD MUTINDA MUINDI FOR LEAVE TO APPLY FOR JUDICIAL REVIEW
AND
IN THE MATTER OF THE LAND DISPUTES TRIBUNAL
RICHARD MUTINDA MUINDI ……………….………............APPLICANT
VERSUS
1. CENTRAL DIVISION LAND DISPUTES TRIBUNAL MACHAKOS
2. CHIEF MAGISTRATE’S COURT MACHAKOS
3. DISTRICT LAND SURVEYOR
4. HONOURABLE ATTORNEY GENERAL ................. RESPONDENTS
AND
JACKSON MUTUKU KATUKU …………............INTERESTED PARTY
R U L I N G
1. The Notice of Motion dated 9/6/2009 seeks the following orders:-
“THAT, the award given on the 27/10/2008 by the Central Division Land Disputes Tribunal Machakos and the entire proceedings thereof respecting Tribunal Case No. 94 of 2007 (Jackson Mutuku Katuku –vs- Richard Mutinda Muindi) be brought before this court for the purposes of being quashed.
THAT, prohibition orders do issue prohibiting the Chief magistrate’s Court Machakos from issuing a decree and or any execution orders respecting the said Central Division Land Disputes Tribunal award given on 27/10/2008 in Case No. 94 of 2007 (Jackson Mutuku Katuku –vs- Richard Mutinda Muindi & Anotherand adopted by theChief Magistrate Court on 19/2/2009 in Miscellaneous No. 157 of 2008.
THAT, prohibition orders do issue prohibiting theDistrict Land Surveyorfrom executing and or in any way implementing the saidCentral Division Land Disputes TribunalAward given on 27/20/2009 in Case No. 94 of 2007 and adopted by theChief Magistrates Court Machakos on 19/2/2009, in the Misc. No. 157 of 2008.
THAT, costs be in the cause.”
2. According to the Statutory Statement, the verifying and supporting affidavit, land parcel No. Muputi/Kiima Kimwe/22 is registered in the name of the ex parte Applicant, Richard Mutinda Muindi (hereinafter Applicant) and the late Paul N. Nzau. The Applicant’s complaint is that the Central Division Land Disputes Tribunal Machakos adjudicated in Tribunal Case No. 94 of 2007 without the requisite jurisdiction and without following the rules of natural justice and gave an award that was void ab nitio. The Applicant further accuses the Tribunal of hearing the case which involved a deceased person without any grant of Letters of Administration having been obtained.
3. The application is opposed. The Interested Party, Jackson Mutuku Katuku swore a replying affidavit on 23/11/2009. According to the Interested Party, he purchased the land in question.
4. The application was canvassed by way of written submissions which I have duly considered.
5. The award by the Land Disputes Tribunal gave the Claimant therein (Interested Party) 150 ft x 100 ft portion of land to be excised from the suit land. This was clearly a decision made without jurisdiction contrary to section 3 (1) of the Land Disputes Tribunal Act which provides as follows:-
““Subject to this Act, all cases of 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. ”
6. This renders the Tribunal’s decision null and void ab nitio. The same applies to the consequential orders. Consequently, I allow the application. Taking into account the circumstances of this case, each party to bear own costs.
………………………………………
B. THURANIRA JADEN
JUDGE
Dated and delivered at Machakos this 31stday of July 2014.
………………………………………
B. THURANIRA JADEN
JUDGE