MARGARET WAKERA MURERIA v LAND DISPUTES TRIBUNAL CENTRAL DIVISION [2007] KEHC 1007 (KLR)
- Court
- High Court of Kenya
- Case number
- 1007
- Citation
- [2007] KEHC 1007 (KLR)
- Decided
- 13 March 2007
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMisc Civil CasePostureApplication to quash decision of the Lands Disputes TribunalCoramJ. N. KHAMINWA
Holding
The court finds that the Tribunal acted without jurisdiction in requiring the court to order the applicant to give the respondent half an acre of the land.
Facts
The applicant is the registered owner of a parcel of land, Inoi/Mbeti/337, which was registered as a gift from her mother. The respondent, a disabled person, appeared in the proceedings but did not represent herself and requested the court to order the applicant to give her half an acre of the land.
Issues
- Tribunal's jurisdiction to adjudicate on registered land
- Tribunal's error of fact and law
Reasoning
The court ruled that the Tribunal did not have jurisdiction to interfere with the registered title of the land and that the Tribunal's decision was against the exercise of its powers under the Land Disputes Tribunal Act.
Outcome
Application granted
Orders
- Grant orders sought
Remedies
- None specified
Authorities cited
Legislation (1)
- Land Disputes Tribunal Act 18 of 1990
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