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REPUBLIC vs GANZE DIVISIONAL LAND DISPUTES TRIBUNAL (Ex-parte KAHINDI NDUNDI) [2002] KEHC 111 (KLR)

[2002] KEHC 111 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
111
Citation
[2002] KEHC 111 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil Miscellaneous ApplicationPostureApplication for Quashing a Tribunal DecisionCoramD. A. ONYANCHA
Holding

The application is allowed, and the Tribunal's decision is quashed.

Facts

The applicant, KAHINDI NDUNDI, sought to quash a decision of the Ganze Divisional Land Disputes Tribunal regarding a land dispute. The Tribunal had previously decided the matter, but the applicant claims he was not given an opportunity to present his case.

Issues

  1. Tribunal acted in breach of natural justice
  2. Tribunal acted ultra vires its powers
  3. Tribunal's decision was an affront to the rule of justice

Reasoning

The Tribunal's decision was tainted by a breach of natural justice and was ultra vires its powers, leading to an affront to the rule of justice.

Outcome

The Tribunal's decision is quashed.

Orders

  • The order of Certiorari is granted.
  • The order of Ganze Division Land Disputes Tribunal in Land Dispute No.GD/LND.4/2002 dated 18.12.2000 is hereby recalled to this court and quashed.
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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