[2013] KEHC 6168 (KLR)
The High Court lacks jurisdiction to entertain an appeal from a decision of the Land Disputes Tribunal as contemplated under section 8(9) of the Land Disputes Tribunal Act No.18 of 1990 (repealed). The statutory provision only allows appeals to the High Court from the Appeals Committee on points of law, not directly...
Source-derived case information.
- Citation
- [2013] KEHC 6168 (KLR)
- Parties
- Applicant: Watson Wachira Muriithi; Respondent: Susan Waihuini Muriithi
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 41 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed for want of jurisdiction
- Judges
- A Ombwayo
- Legal Topics
- Leave to Appeal Out of Time, Jurisdiction of High Court, Land Disputes Tribunal Awards
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Watson Wachira Muriithi
Applicant
Susan Waihuini Muriithi
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the High Court has jurisdiction to grant leave to appeal out of time against an award of the Land Disputes Tribunal adopted as a judgment of the magistrate's court.
- 2 Whether section 8(9) of the Land Disputes Tribunal Act No.18 of 1990 (repealed) applies to appeals from the Land Disputes Tribunal or only from the Appeals Committee.
Ratio Decidendi
The High Court lacks jurisdiction to entertain an appeal from a decision of the Land Disputes Tribunal as contemplated under section 8(9) of the Land Disputes Tribunal Act No.18 of 1990 (repealed). The statutory provision only allows appeals to the High Court from the Appeals Committee on points of law, not directly from the Tribunal. Since the applicant sought leave to appeal out of time against an award of the Tribunal, which was not a decision of the Appeals Committee, the application is incompetent and must be dismissed for want of jurisdiction.
Court Disposition
application dismissed for want of jurisdiction
Orders
- The application for leave to appeal out of time is dismissed.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
LAND AND ENVIRONMENT COURT
MISC.APPL. NO.41 OF 2013
WATSON WACHIRA MURIITHI ....................................................APPLICANT
VERSUS
SUSAN WAIHUINI MURIITHI............................................................RESPONDENT
R U L I N G
The application before court is dated 20th May 2013 wherein the applicant seeks leave of the court to appeal out of time, to the High Court Nyeri against the award of the Mweiga Land Disputes Tribunal dated 11/5/2010 and adopted as judgment of the court on 16/9/2010 in the Nyeri Chief Magistrates Court award No.27 of 2010.
I have looked at the Notice of Motion, supporting affidavit and have heard oral submissions by the applicant in the absence of the respondent who was served but neither filed a response nor attended the hearing.
The intended appeal is made pursuant to section 8 (9) of the Land Disputes Tribunal Act No.18 of 1990(repealed). The section gave this court jurisdiction to entertain an appeal from the Appeals Committee and not the Land Disputes Tribunal.
The section provided as follows;
“Either party to the appeal may appeal from the decision of the Appeals Committee to the High Court on a point of law within sixty days from the date of the decision complained of:
Provided that no appeal shall be admitted to hearing by the High Court unless a judge of that court has certified that an issue of law (other than customary law) is involved.”
This court is of the considered view that it has no jurisdiction to entertain the intended appeal as the decision from which the appeal is preferred is not a decision of theAppeals Committeeas contemplated in section 8 (9) of the Land Disputes Tribunal Act no 18 0f 1990 (repealed )and therefore, the application is dismissed accordingly with no order as to costs.
Dated, signed and delivered at Nyeri this 14th day of June 2013.
A. OMBWAYO
JUDGE