Keter & another v Masinde [2005] KEHC 2934 (KLR)
- Court
- High Court of Kenya
- Case number
- 2934
- Citation
- [2005] KEHC 2934 (KLR)
The Nyahururu Division Land Disputes Tribunal and the Rift Valley Provincial Land Disputes Appeals Tribunal exceeded their jurisdiction by awarding the respondent five acres constituting LR Laikipia/Nyahururu/1324 and 1325.
Facts
The applicant filed a notice of motion under Order LIII Rule 3(1) of the Civil Procedure Rules, claiming that the Nyahururu Division Land Disputes Tribunal, Rift Valley Provincial Land Disputes Appeals Tribunal, and the Chief Magistrate Court at Nakuru acted in excess of jurisdiction.
Issues
- Nyahururu Division Land Disputes Tribunal was a nullity
- Tribunals exceeded jurisdiction
- Tribunals decisions and adoption order contravened Registered Land Act
- Proceedings before the Appeals Tribunal were defective
Reasoning
The tribunal had no jurisdiction to deal with issues of ownership of registered parcels of land, and the awards were null and void ab initio.
Outcome
The application for leave to remove into this court and quash the proceedings and award of Nyahururu Division Land Disputes Tribunal was granted.
Orders
- Grant the orders as sought in the said application
Authorities cited
Legislation (3)
- Land Disputes Tribunals Act No. 18 of 1990
- Registered Land Act cap 300 of Kenya
- Succession Act Cap 160 Laws of Kenya
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