Republic v Funyula Land Disputes Tribunal & 2 others Ex- Parte Hannington Pamba [2005] KEHC 1783 (KLR)
- Court
- High Court of Kenya
- Case number
- 1783
- Citation
- [2005] KEHC 1783 (KLR)
- Decided
- 4 March 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicant seeks to quash the proceedings and ruling of Funyula Land Disputes TribunalCoramJ.K. SERGON
Holding
The court quashes the tribunal's decision and the adoptive order.
Facts
The applicant, Professor Hannington O. Pamba, sought a portion of land (L.R. NO. SAMIA BUDONGO/232) from Washington Abangi Okwaba and Wasia Oluma. The Funyula Land Disputes Tribunal awarded each of the interested parties 1.5 acres of land based on adverse possession.
Issues
- Land Disputes Tribunal had no jurisdiction to hear and determine claims based on adverse possession or title to land.
- The title being sought to be defeated is a first registration and is indefeasible.
- The interested parties lodged a verbal claim without filing a written claim before the Land Disputes Tribunal.
Reasoning
The court found that the Land Disputes Tribunal acted ultra vires its mandate and lacked jurisdiction to hear and determine claims based on adverse possession or title to land. The court also found that the interested parties' claim was not in writing as required by the Land Disputes Tribunals Act.
Outcome
Amended motion is allowed.
Orders
- The amended motion dated 4th March 2004 is allowed as prayed with costs to the applicant.
Authorities cited
Legislation (2)
- Land Disputes Tribunals Act 1990
- Registered Land Act 1967
Cases cited (1)
- DAVID MUGO T/A MANYATTA AUCTIONEERS AND THE REPUBLIC C.A. No. 265 OF 1997
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.
Loading judgment…