REPUBLIC v CHAIRMAN, BUMULA LANDS DISPUTE TRIBUNAL EX-PARTE CHRISOSTIM BARASA SANGURA & 4 OTHERS [2006] KEHC 1735 (KLR)
- Court
- High Court of Kenya
- Case number
- 1735
- Citation
- [2006] KEHC 1735 (KLR)
- Decided
- 12 June 2006
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil Misc CausePostureAppeal from a decision of the Bumula Land Disputes TribunalCoramAYAN, N. R. O. OMBI
Holding
The application is granted, and leave is granted to move the court for orders of certiorari to remove into this court and quash the decision of the Bumula Land Disputes Tribunal.
Facts
The applicant, Chrisostim Barasa Sangura, is the first registered owner of land parcel W.BUKUSU/E/SIBOTI/261. He obtained a title deed in 1988. The Bumula Land Disputes Tribunal awarded part of the land to interested parties and 5 acres to the applicant in 2005.
Issues
- tribunal jurisdiction
- excess of jurisdiction
- barred by Limitation of Actions Act
- beneficial ownership dispute
Reasoning
The tribunal had no jurisdiction to arbitrate over the title to the registered land, acted in excess of jurisdiction, and fell into error of law by entertaining a dispute barred by the Limitation of Actions Act.
Outcome
The application is granted.
Orders
- leave granted to move the court for orders of certiorari to remove into this court and quash the decision of the Bumula Land Disputes Tribunal
Remedies
- quash the decision of the Bumula Land Disputes Tribunal
Authorities cited
Legislation (3)
- Land Disputes Tribunal Act
- Limitation of Actions Act
- Civil Procedure Act
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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