Solomon Mburu Njau & another v Eunice Wanjiru Mburu [2020] KEELC 2170 (KLR)
- Court
- Environment & Land Court
- Case number
- 2170
- Citation
- [2020] KEELC 2170 (KLR)
The Court orders the transfer of the Central Provincial Appeals Committee Appeal No. 4 of 2010 to this Court, and stays proceedings in Githunguri Tribunal Case No. 4 of 2010.
Facts
The Applicants filed an appeal against an award made by the Githunguri Land Disputes Tribunal, which purported to cancel their title documents. The Respondent subsequently filed a case in the Subordinate Court seeking to restrain the Applicants from using the disputed land.
Issues
- Jurisdiction of the Githunguri Land Disputes Tribunal
- Repeal of Land Disputes Act No. 18 of 1990
Reasoning
The Court finds that the award made by the Githunguri Land Disputes Tribunal was not adopted and that the Land Disputes Act No. 18 of 1990 was repealed before the appeal was heard and determined. The Court also notes that the Respondent has moved the Subordinate Court seeking to restrain the Applicants from using the disputed land.
Outcome
The Court orders the transfer of the appeal and stays proceedings in the Subordinate Court case.
Orders
- Transfer of the Central Provincial Appeals Committee Appeal No. 4 of 2010 to this Court
- Stay of proceedings in Githunguri Tribunal Case No. 4 of 2010
Remedies
- None specified
Authorities cited
Legislation (1)
- Land Disputes Act No. 18 of 1990
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