Wekesa (Suing as the Legal Representative of the Estate of Zakayo Wekesa Mukhalisi) v Wekesa (Environment & Land Case 1 of 2020) [2024] KEELC 5115 (KLR) (4 July 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 5115
- Citation
- [2024] KEELC 5115 (KLR)
- Decided
- 4 July 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from the Provincial Appeals Tribunal to the Environment and Land CourtCoramEC CHERONO
Holding
The Court held that the decision of the Kanduyi Land District Tribunal was not a nullity and dismissed the Plaintiff's claims.
Facts
The Plaintiff, Wekesa, filed a plaint against the Defendant, Charles, seeking to have a decision of the Kanduyi Land District Tribunal and its resulting judgment declared null and void. The Plaintiff claimed that the tribunal did not have jurisdiction to determine matters involving registered land.
Issues
- Whether the decision of the Kanduyi Land District Tribunal was a nullity
- Whether the Plaintiff is entitled to the orders sought
- Whether the Plaintiff should be evicted from land parcel E.Bukusu/E.Sang’alo/4009
- Who bears the costs of the suit
Reasoning
The Court ruled that the Land Disputes Tribunal has jurisdiction to hear and determine disputes involving registered land, and that the Magistrates Court has the power to adopt the award of the tribunal and issue a decree.
Outcome
The Plaintiff's claims were dismissed with costs.
Orders
- The Plaintiff's claim for the decision of the Kanduyi Land District Tribunal to be declared null and void was dismissed.
- The Plaintiff was ordered to vacate the Defendant's land comprised in Title No. East. Bukusu/ East. Sang’galo/4009 and permanently enjoined from trespassing or using the land.
- The Plaintiff was ordered to pay the Defendant's costs.
Remedies
- The Plaintiff was ordered to vacate the Defendant's land and permanently enjoined from trespassing or using the land.
- The Plaintiff was ordered to pay the Defendant's costs.
Authorities cited
Legislation (3)
- Land Disputes Tribunal Act No. 18 of 1990
- Registered Land Act, Cap 300 Laws of Kenya
- Civil Procedure Act
Cases cited (2)
- James Alukoye Were...Vs...Lurambi Division Land Disputes Tribunal, Misc. Civil Appl. No.165 of 2005
- Florence Nyaboke Machani v Mogere Amosi Ombui& 2 others Civil Appeal 184 of 2011 [2014] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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