Ogao v Chairman, Land Disputes Tribunal, Nyamira County & 2 others (Environment and Land Constitutional Petition E002 of 2024) [2024] KEELC 14111 (KLR) (11 November 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 14111
- Citation
- [2024] KEELC 14111 (KLR)
- Decided
- 11 November 2024
Summary at a glance
TypeConstitutional PetitionPostureRespondent's appeal from a previous awardCoramJM KAMAU
The Petition is dismissed and the parties are returned to Nyamira Chief Magistrate's Court Civil Suit No. ELC 26 of 2020.
Facts
The Petitioner claims that the 1st Respondent (Chairman, Land Disputes Tribunal, Nyamira County) issued an award in 2008 that resulted in the Petitioner losing half of his property. The 3rd Respondent (the Estate of Charles Onyari Ondieki) trespassed onto the Petitioner's land in 2005.
Issues
- Whether the 1st Respondent's award should be vacated
- Whether Nyamira CMCC ELC No.26 of 2020 should be heard and determined on merit
- Whether the Petition is an abuse of process
Reasoning
The Court found that the Petition was an abuse of process and that the matter should be heard in the lower court. The Court also noted that the 1st Respondent did not have the power to vacate the award.
Outcome
Dismissed
Orders
- The Petition is dismissed
- The parties are returned to Nyamira Chief Magistrate's Court Civil Suit No. ELC 26 of 2020
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