DANIEL MWANGI MUCHIRA v JAMES KAMAU MWANGI & ANOTHER [2007] KEHC 119 (KLR)

Facts

The applicant, Daniel Mwangi Muchira, sought orders of certiorari to quash the decision of Kahuro Division Land Disputes Tribunal in Case No. 12 of 2004 and proceedings before Murang’a Senior Principal Magistrate’s Court in Land Disputes Tribunal No. 43 of 2006 in respect of parcel No. Loc. 8/Munyutha/Ndutumi/190. The application was supported by a statutory statement and an affidavit.

Issues

1. Decision of the Tribunal was reached without jurisdiction
2. Decision of the Tribunal was contrary to provisions of the Land Disputes Tribunal Act

Reasoning

The court found that the decision of the Tribunal was reached without jurisdiction and contrary to provisions of the Land Disputes Tribunal Act. The ex parte applicant did not participate in the proceedings before the Tribunal, breaching the rules of natural justice.

Outcome

Application allowed

Authorities cited