Republic v Chairman, Lands Disputes Tribunal Kirinyaga District & another Ex-parte Peter Maru Kariuki [2005] KEHC 3202 (KLR)

Facts

The Applicant filed an application for orders of certiorari to remove into the High Court for the purposes of its being quashed the decision of the Land Disputes Tribunal. The Second Respondent filed a case in the First Respondent’s Tribunal against the Applicant claiming a portion of the applicant’s parcel of land registered under the Registered Land Act. The Second Respondent had succeeded and the decision of the Tribunal was adopted as a court judgment as the Applicant appealed to the Land Disputes Appeals Committee.

Issues

1. whether the Land Disputes Tribunal had jurisdiction to adjudicate in a dispute relating to title to, or ownership of land
2. whether the Land Disputes Tribunal’s decision could be quashed

Reasoning

The court held that the Land Disputes Tribunal had no jurisdiction to adjudicate in a dispute relating to title to, or ownership of land, and that the Tribunal’s decision could not be quashed.

Outcome

The court dismissed the application for orders of certiorari.

Authorities cited