BONIFACE KIRWERE NJOGU V DISTRICT LAND DISPUTE TRIBUNAL & 2 OTHERS [2013] KEELRC 316 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 316
- Citation
- [2013] KEELRC 316 (KLR)
- Decided
- 29 April 2013
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx-parte application to quash award and decreeCoramB.N. OLAO
Holding
The ex-parte applicant's application is granted. The Kirinyaga South District Land Dispute Tribunal acted ultra vires and its award is null and void. The decree of the Senior Resident Magistrate's Court is also quashed.
Facts
The ex-parte applicant is the registered owner of land parcel MWEA/TEBERE/B/1297. The Kirinyaga South District Land Dispute Tribunal awarded the land to the applicant's brother, who was the 3rd respondent. The ex-parte applicant sought to quash the award and decree.
Issues
- Jurisdiction of the Land Dispute Tribunal
- Ownership of land parcel MWEA/TEBERE/B/1297
Reasoning
The Land Dispute Tribunal had no jurisdiction to determine the ownership of land. The High Court has previously ruled that Land Dispute Tribunals have no jurisdiction over title disputes.
Outcome
The ex-parte applicant's application is granted.
Orders
- The award of the Kirinyaga South District Land Dispute Tribunal and the decree of the Senior Resident Magistrate's Court are quashed.
- Each party bears their own costs.
Remedies
- Quashing of award and decree
Authorities cited
Legislation (3)
- Land Disputes Tribunal Act No. 18 of 1990
- Registered Land Act
- Land Registration Act
Cases cited (3)
- WAMWEA VS CATHOLIC DIOCESE OF MURANGA 2003 K.L.R. 389
- GICHINGIRI VS GICHINGIRI H.C. CIVIL APPEAL NO. 3 OF 2009 (NYERI)
- KANGI VS NJOGU H.C. CIVIL APPEAL NO. 50 OF 2007 (NYERI)
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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