STANLEY KARIUKI NJAU & ANOTHER vs WANJIRU M. KARIUKI & 2 OTHERS [2002] KEHC 259 (KLR)
- Court
- High Court of Kenya
- Case number
- 259
- Citation
- [2002] KEHC 259 (KLR)
The court allows the application as prayed, ordering the Land Registrar to revoke the 2nd applicant's title, subdivide the land, and transfer 2 acres to the 1st respondent.
Facts
The land in dispute, L.R NO.GITHUNGURI/KIMATHI/248, was previously registered in the name of the 1st Applicant, Stanley Kariuki Njau, but is now in the name of the 2nd applicant, Wanjiru Kariuki. The respondents claim for a portion of the land, alleging it was transferred to the 2nd applicant in 1994, making them landless.
Issues
- Whether the Land Disputes Tribunal had jurisdiction to hear the claim for a portion of the registered land.
- Whether the respondents' claim was for working on a family land under customary law or for a portion of the land to be registered in their names.
Reasoning
The court ruled that the Land Disputes Tribunal lacked jurisdiction to entertain the respondents' claim for a portion of the registered land, as the claim was for a portion of the land to be registered in their names, which is beyond the tribunal's jurisdiction.
Outcome
The application is allowed.
Orders
- The Land Registrar to revoke the 2nd applicant's title, subdivide the land, and transfer 2 acres to the 1st respondent.
- The court Executive Officer to sign the necessary documents.
Remedies
- Revocation of the 2nd applicant's title.
- Subdivision of the land.
- Transfer of 2 acres to the 1st respondent.
Authorities cited
Legislation (2)
- Land Disputes Tribunal Act
- Magistrate's Court Act
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