Gitau & 2 others v Chesire & 35 others (Civil Appeal 156 of 2017) [2022] KECA 94 (KLR) (4 February 2022) (Judgment)
- Court
- Court of Appeal
- Case number
- 94
- Citation
- [2022] KECA 94 (KLR)
- Decided
- 4 February 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the judgment and decree of the Environment and Land CourtCoramW. Karanja, Asike-Makhandia, S. ole Kantai
Holding
The tribunal's actions in cancelling titles and divesting registered owners of their rights were ultra vires and void ab initio.
Facts
Petitioners sought declarations that proceedings before the South Kinangop District Land Disputes Tribunal and Nyahururu Principal Magistrate's Court contravened their rights and violated rules of natural justice. They also sought to set aside judgments and orders and restore their names as registered proprietors.
Issues
- Jurisdiction of the Land Disputes Tribunal
- Validity of the proceedings and orders
Reasoning
The court held that the Land Disputes Tribunal had no jurisdiction to determine ownership of land or to cancel title deeds. The tribunal's actions were beyond its jurisdiction and thus unlawful.
Outcome
Appeal dismissed, decree of the Environment and Land Court affirmed.
Orders
- Costs awarded to respondents
Remedies
- Set aside the tribunal's orders and judgments
Authorities cited
Legislation (1)
- Land Disputes Tribunal Act
Cases cited (1)
- Marete vs Republic & 3 others
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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