Ezekiel Jacob Kujegula alias Ezekiel Mwandoro Bungala v Patrick Charles Kombo [2017] KEELC 1112 (KLR)

Facts

The Appellant's father sold land to the Respondent's father. The Appellant sued the Respondent for trespass and to vacate the land, but the Kaloleni Land Disputes Tribunal dismissed the claim. The Appellant appealed to the Provincial Appeals Committee, which upheld the Tribunal's decision.

Issues

1. The Provincial Committee did not have jurisdiction to determine the issues raised in the Land Disputes Tribunal.
2. The issue of ownership cannot be determined by the Land Disputes Tribunal and could not be entertained by the Provincial Committee.

Reasoning

The jurisdiction of the Land Disputes Tribunal includes disputes on division of land, determination of boundaries, occupation and working on land, and trespass. The Tribunal did not make any award of ownership. The Appeal Committee had the authority to consider the appeal and upheld the decision of the District Land Disputes Tribunal.

Outcome

Appeal dismissed

Authorities cited