[2006] KEHC 182 (KLR)
The court found that the Gichugu Division Land Disputes Tribunal acted outside its statutory jurisdiction by ordering the transfer of a portion of registered land based on a contract of sale. Such contractual disputes and matters relating to title to registered land fall exclusively within the purview of regular...
Source-derived case information.
- Citation
- [2006] KEHC 182 (KLR)
- Parties
- Applicant: Wanja Mwaniki; Respondent: Chairman Gichugu D. LDT; Respondent: Onesmus Chomba N. Githinji
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Children Miscellaneous Application 189B of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judicial Review (certiorari)
- Outcome
- Application allowed. Orders of certiorari granted as prayed. Each party to bear its own costs.
- Legal Topics
- Judicial Review, Tribunal Jurisdiction, Registered Land, Contract Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wanja Mwaniki
Applicant
Chairman Gichugu D. LDT
Respondent
Onesmus Chomba N. Githinji
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judicial Review (certiorari)
Legal Issues
- 1 Whether the Gichugu Division Land Disputes Tribunal had jurisdiction to order transfer of registered land based on a sale agreement.
- 2 Whether the Tribunal's decision was ultra vires and liable to be quashed by certiorari.
Ratio Decidendi
The court found that the Gichugu Division Land Disputes Tribunal acted outside its statutory jurisdiction by ordering the transfer of a portion of registered land based on a contract of sale. Such contractual disputes and matters relating to title to registered land fall exclusively within the purview of regular civil courts, not the Tribunal. The High Court, exercising its supervisory jurisdiction in judicial review, is mandated to ensure that statutory bodies act within the powers conferred upon them. Since the Tribunal exceeded its jurisdiction, its award was a nullity and was quashed by an order of certiorari. The court was not concerned with the correctness of the Tribunal's decision...
Court Disposition
Application allowed. Orders of certiorari granted as prayed. Each party to bear its own costs.
Orders
- The award of the Gichugu Division Land Disputes Tribunal is quashed by an order of certiorari.
- Each party to pay its own costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU
Misc 189B of 2005
WANJA MWANIKI……………………........................…..……APPLICANT
VERSUS
1. CHAIRMAN GICHUGU D. LDT……………...…..1ST RESPONDENT
2. ONESMUS CHOMBA. N. GITHINJI……………..2ND RESPONDENT
RULING
The application dated 8/3/2006 seeks orders of certiorari to quash an award made by Gichugu Division Land Disputes Tribunal which tribunal ordered transfer of ½ acre piece of land from parcel No. Ngiriama/Ngiriambu/1159. In his statement the complainant admitted before the Tribunal that the said piece of land is registered in the name of Exparte applicant Wanja Mwaniki. The claimant stated that he purchased ½ acre from the exparte applicant. It is clear the transaction between complainant and the proprietor of land is that of seller and buyer of land. That is a contract which can only be enforced by regular civil courts. The Tribunal has no jurisdiction to enforce such deals.
On the side of 2nd Respondent who was represented by A.P. Kariithi Advocates. The objections are that the application does not follow the laid down procedure. That the application to obtain leave for this application was irregular and 6 months had already expired since the award was made. The argument is that the Respondent went to Tribunal regarding the occupation of the land in question and that the Tribunal did what was right. On taking consideration of all the facts on both sides, firstly the jurisdiction of the High Court in Judicial review is to supervise the Tribunals to ensure they are operating within the laws as appointed. In this case the Tribunal is not empowered to deal with registered land or to enforce contractual obligations of parties. Therefore the decision they made in this case is outside the jurisdiction conferred upon the Tribunal and for that reason their decision has to be set aside. The court exercising its jurisdiction of judicial review is concerned in the decision making process of the statutory body. It is not concerned that the Tribunal may have not issued correct decision. The court is not also to decide disputes of ordinary claimants but to inspect the manner the tribunal has conducted the proceedings.
For these reasons the application is allowed and orders granted as prayed. Each party to pay its own costs.
Dated this 6th June of 2006.
J.N. KHAMINWA
JUDGE
6/6/2006
Khaminwa –Judge
Njue CC
Ms Wairimu
Ms Njeru
Ruling read in their presence in open court.
J.N. KHAMINWA
JUDGE