M’CHABARA M’UKABI v CHAIRMAN MERU SOUTH DISTRICT LAND DISPUTE TRIBUNAL [2006] KEHC 181 (KLR)
- Court
- High Court of Kenya
- Case number
- 181
- Citation
- [2006] KEHC 181 (KLR)
- Decided
- 27 September 2006
AI Summary
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TypeCertiorariPostureApplication for Certiorari to quash the decision of Meru South District Land Dispute TribunalCoramJ. N. KHAMINWA
Holding
The decision by the Land Disputes Tribunal was without jurisdiction and the application is allowed.
Facts
The applicant seeks orders of certiorari to quash the decision of the Meru South District Land Dispute Tribunal regarding the subdivision and distribution of registered land Karingani/ Ndagani/655 to the sons of the Exparte Applicant.
Issues
- Whether the Tribunal has jurisdiction to deal with the Exparte Applicant's registered land and ownership thereof.
- Whether the Land Disputes Tribunal Act 18 of 1990 authorizes the Tribunal to decide on the issue of ownership of registered land.
Reasoning
The dealings in registered land are in the hands of the registered proprietor. Act 18 of 1990 which established the Land Disputes Tribunal does not authorize the Tribunal to decide on the issue of ownership of registered land.
Outcome
The application is allowed and orders granted as prayed.
Orders
- Orders of Certiorari to quash the decision of Meru South District Land Dispute Tribunal
Authorities cited
Legislation (3)
- Law Reform Act Section 8 and 9
- Order 53 CPC
- Registered Land Act Cap. 300
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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