James Kariko Bacha & 2 others v Land Disputes Tribunal Kiambu West & another [2019] KECA 174 (KLR)
- Court
- Court of Appeal
- Case number
- 174
- Citation
- [2019] KECA 174 (KLR)
The appeal is dismissed with no order as to costs, as the learned Judge was right in rejecting the application on the grounds of jurisdiction and the material placed before him was not sufficient to persuade him to exercise his discretion.
Facts
There was a land dispute between the appellants and Hotensiah, the sister-in-law of the appellants. The Land Disputes Tribunal, Kiambu West allocated one acre of the suit land to Hotensiah, who was the deceased's daughter-in-law.
Issues
- Whether the Land Disputes Tribunal had jurisdiction to handle the dispute
- Whether the appellants had exhausted their statutory appeal rights
Reasoning
The appellate process set out in the Land Disputes Tribunal Act was best suited to determine the dispute. The Judge was right in rejecting the application on the grounds of jurisdiction and the material was not sufficient to persuade him to exercise his discretion.
Outcome
Appeal dismissed
Authorities cited
Legislation (3)
- Law Reform Act
- Civil Procedure Rules
- Land Disputes Tribunal Act
Cases cited (3)
- Republic v National Environment Management Authority
- Kenya Revenue Authority & 2 others v Darasa Investments Limited
- Coffee Board of Kenya vs. Thika Coffee Mills Limited & 2 Others
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