Esther Gachambi Mwangi v Samuel Mwangi Mbiri [2013] KECA 259 (KLR)
- Court
- Court of Appeal
- Case number
- 259
- Citation
- [2013] KECA 259 (KLR)
- Decided
- 25 September 2013
The appeal is dismissed. The cause of action arose in 1966 and the limitation period had lapsed, rendering the award of the Mathioya Division Land Disputes Tribunal a nullity. The decision of the Provincial Land Disputes Appeals Committee was also a nullity for want of jurisdiction.
Facts
The appellant's deceased husband was the registered proprietor of land parcel Loc. 14/Kagumoini/573, while the respondent is the registered proprietor of land parcel Loc. 14/Kagumoini/609. The two parcels are separated by a road. The respondent claims ownership of a 0.2 acre portion of land in parcel Loc. 14/Kagumoini/573, while the appellant claims unlawful encroachment.
Issues
- Whether the respondent's claim to the 0.2 acre portion of land in parcel Loc. 14/Kagumoini/573 is valid.
- Whether the High Court erred in law by setting aside the award of the Mathioya Division Land Disputes Tribunal and substituting it with an order setting aside the award for want of competence and jurisdiction.
Reasoning
The learned Judge applied the limitation provisions as contained in Section 7 of the Limitation of Actions Act and Section 13 (3) of the Land Disputes Tribunals Act, finding that the cause of action arose in 1966 and the limitation period had lapsed, thus the award was null and the decision of the Provincial Appeals Committee was also null.
Outcome
Appeal dismissed
Orders
- The Provincial Land Disputes Appeals Committee's decision was set aside.
- The award of the Mathioya Division Land Disputes Tribunal was set aside for want of competence and jurisdiction.
Authorities cited
Legislation (3)
- Limitation of Actions Act
- Land Disputes Tribunal Act
- Land Disputes Act
Cases cited (2)
- Humphrey Olwisi Muranda v Yakobet Nechesa Wabuko
- Domica Wamuyu Kihu v Johana Ndura Wakaritu
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