Republic v Chairman Makuyu Land Disputes Tribunal, Principal Magistrate Muranga Law Courts & William Mburu Mungai Ex-parte Betha Wanjiru Mungai (Environment and Land Miscellaneous Application 6 of 2014) [2015] KEELC 175 (KLR) (29 September 2015) (Ruling)
- Court
- Environment & Land Court
- Case number
- 175
- Citation
- [2015] KEELC 175 (KLR)
- Decided
- 29 September 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for CertiorariCoramOmbwayo
Holding
The application has merit and is allowed in terms of prayer (1). The ex parte applicant has made up a case for issuance of an order of Certiorari to remove to this court and to quash the impugned award and any consequential orders in respect thereof.
Facts
The ex parte applicant Beth Wanjiru Mungai sought an order of certiorari to remove to the court the award of the Makuyu Land Disputes Tribunal and the proceedings in Murang’a Principal Magistrate’s Court Land Dispute Case No.8 of 2010.
Issues
- Whether the Makuyu Land Disputes Tribunal had jurisdiction to entertain the dispute concerning registered land.
- Whether the award of the Tribunal was void ab initio and the proceedings in the Principal Magistrate's Court cannot be countenanced.
Reasoning
The Tribunal did not have jurisdiction to entertain the dispute concerning registered land. The ex parte applicant was the registered proprietor of the suit property at the time the Tribunal deliberated on the dispute.
Outcome
Allowed
Orders
- The ex parte applicant has made up a case for issuance of an order of Certiorari to remove to this court and to quash the impugned award and any consequential orders in respect thereof.
- Each party bear their own costs of the application.
Remedies
- Quash the impugned award and any consequential orders in respect thereof.
Authorities cited
Legislation (2)
- Land Disputes Tribunals Act No. 18 of 1990
- Registered Land Act Cap. 300 Laws of Kenya
Cases cited (2)
- Republic v. Chairman, Lurambi Land Dispute Tribunal & 2 others (2006) eKLR
- Mateo Githua Ngurukie vs. Hon. Attorney General and 5 Others; Nyeri High Court Civil Suit No. 206 of 1999
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.
Loading judgment…