Haron Theuri Ngunyi v Kinangop Division Land Dispute Tribunal Nyandarua & 6 others [2018] KEELC 368 (KLR)
- Court
- Environment & Land Court
- Case number
- 368
- Citation
- [2018] KEELC 368 (KLR)
The tribunal lacked jurisdiction to deal with ownership of the suit property and its proceedings and decisions are null and void.
Facts
The ex parte applicant sold one acre of his land to Ol’aragwai Co-operative Society in 1984. The society owed him KShs 17,000 for fresh milk. The society did not pay the amount, so the applicant repossessed the land. The Kinangop Division Land Dispute Tribunal ordered the applicant to transfer 1 acre of the land to Ol’aragwai Farmers Society and the District Land Registrar to issue a title deed for the land to the cooperative. The decree was later issued in the Principal Magistrate’s Court.
Issues
- Lack of jurisdiction of the tribunal to deal with ownership of registered land
- Whether the relief of certiorari is merited
Reasoning
The court held that the tribunal’s decision was beyond its jurisdiction as it dealt with the ownership of registered land, which is not within the jurisdiction of the Land Disputes Tribunal as per the Land Disputes Tribunal Act.
Outcome
The ex parte applicant is entitled to an order of certiorari to quash the decision and decree.
Orders
- An order of certiorari is issued removing into this court and quashing the proceedings and the decision delivered on 16th February 2007 in North Kinangop Tribunal Case No. 70 of 2006 as well as the decree issued on 18th March 2008 in Principal Magistrates Court Land Dispute No. 2 of 2008 (Nyahururu).
- Costs of this case are awarded to the ex parte applicant.
Remedies
- Quashing of the tribunal’s decision and decree
Authorities cited
Legislation (1)
- Land Disputes Tribunal Act (repealed)
Cases cited (2)
- Joseph Malakwen Lelei & another v Rift Valley Land Disputes Appeals Committee & 2 others [2014] eKLR
- Kenya National Examination Council v Republic Ex-Parte Geoffrey Gathenji Njoroge & 9 Others [1997] eKLR
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