Julius M. Sandi & another v Chairman Provincial Disputes Tribunal Appeal Committes & another [2017] KEELC 2735 (KLR)
- Court
- Environment & Land Court
- Case number
- 2735
- Citation
- [2017] KEELC 2735 (KLR)
- Decided
- 10 May 2017
The Provincial Dispute Tribunal Appeals Committee had no jurisdiction to hear the matter, and the decision was ultra vires.
Facts
The applicants, Julius M. Sandi and Morris M. Kiragu, are registered owners of land parcels NYAKI/KITHOKA/2583 and NYAKI/KITHOKA/2584 respectively. They challenged the decision of the Eastern P.L.D.T.AC. in appeal case no.60/2004, which ordered the cancellation of their titles and registration of the land in the name of the interested party, David Gichuru Mugambi.
Issues
- Whether the Provincial Dispute Tribunal Appeals Committee had jurisdiction to hear and determine the matter.
- Whether the JR motion was defective.
- Whether the decision was ultra vires.
- Whether the rules of natural justice were flouted.
- Whether the judicial order of certiorari was the proper remedy.
Reasoning
The court determined that the appeals committee had no jurisdiction to deal with the issue of title cancellation, as it was beyond the mandate given by section 3 of the L.D.T Act. The decision was also found to be ultra vires.
Outcome
The applicants' motion for certiorari and prohibition was granted.
Orders
- The order for certiorari to call for and quash the decision of the Provincial Dispute Tribunal Appeal Committee.
- The prohibition order to stop the implementation of the Provincial Disputes Tribunal Committee award.
- The costs of this application be provided for.
Remedies
- Quash the decision of the Provincial Dispute Tribunal Appeal Committee.
- Stop the implementation of the Provincial Disputes Tribunal Committee award.
Authorities cited
Legislation (2)
- Registered Lands Act
- Land Disputes Tribunal Act
Cases cited (1)
- James Alukoye v. Lurambi Division Land Disputes Tribunal
Loading judgment…