Republic v Land Disputes Tribunal – Kisumu & another & 2 others Ex Parte Fanuel Okoth Onyango [2017] KEELC 2999 (KLR)
- Court
- Environment & Land Court
- Case number
- 2999
- Citation
- [2017] KEELC 2999 (KLR)
- Decided
- 24 March 2017
The court grants the ex parte applicant's Notice of Motion for an order of certiorari to quash the decision of the Nyanza Land Disputes Appeals Committee and the decision of Oyugis Principal Magistrate's Court.
Facts
The applicant, Fanuel Okoth Onyango, sought leave to apply for an order of certiorari to quash the decision of Nyanza Land Disputes Appeals Committee and the decision of Oyugis Principal Magistrate's Court. The applicant claimed that the Tribunal lacked jurisdiction and acted ultra vires in making the impugned orders.
Issues
- Tribunal's jurisdiction
- Decision of the Tribunal and its validity
Reasoning
The court held that the Tribunal acted ultra vires in entertaining a dispute relating to title to land and that its decision was null and void. The court also held that the principal magistrate's court could not validate and give effect to a decision of the provincial appeals committee.
Outcome
Granted
Orders
- An order of certiorari to bring into this court the decision of the Nyanza Land Disputes Appeals Committee No. 45 of 2009 and Oyugis Principal Magistrate's Court Misc. No. 7 of 2009 decision adopting the said decision as judgment of the court on 24th January 2012 for the purposes of being quashed
Remedies
- Each party to bear their own costs of the application
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