Republic v Chief of Ageng’a Location & another Ex-Parte John Mambala Mari & another [2005] KEHC 3154 (KLR)
- Court
- High Court of Kenya
- Case number
- 3154
- Citation
- [2005] KEHC 3154 (KLR)
- Decided
- 8 April 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte application for quashing a decision made without jurisdictionCoramJ. K. SERGON
Holding
The Court allows the motion and quashes the decision made by the Chief of Agenga Location without jurisdiction.
Facts
A boundary dispute between registered owners of L.R. NO. SAMIA/BUDONGO/946 and L.R. NO. SAMIA/BUDONGO/947 was referred to the Chief of Agenga Location for arbitration. The Chief gave a decision altering the boundary between the parcels of land.
Issues
- Whether the Chief of Agenga Location had jurisdiction to hear and determine the boundary dispute.
- Whether the decision made by the Chief was made without jurisdiction.
Reasoning
The Court of Appeal in KENYA NATIONAL EXAMINATION COUNCIL AND REPUBLIC EXPARTE GEOFFREY GATHENJI NJOROGE AND 9 OTHERS CIVIL APPEAL NO. 266 OF 1996 stated that only an order of certiorari can quash a decision made without jurisdiction. The Chief of Agenga Location did not have the jurisdiction to hear and determine the boundary dispute.
Outcome
The motion is allowed.
Orders
- The decision of the Chief of Agenga Location is quashed.
- Each party meets his or her own costs.
Remedies
- Quashing of the decision made by the Chief of Agenga Location without jurisdiction.
Authorities cited
Legislation (1)
- Registered Land Act Cap 300 Laws of Kenya
Cases cited (1)
- KENYA NATIONAL EXAMINATION COUNCIL AND REPUBLIC EXPARTE GEOFFREY GATHENJI NJOROGE AND 9 OTHERS CIVIL APPEAL NO. 266 OF 1996
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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