MARGARET MUTHONI KIRUNYU v KONAN NYASAI OLE KINYANJUI [2007] KEHC 2963 (KLR)
- Court
- High Court of Kenya
- Case number
- 2963
- Citation
- [2007] KEHC 2963 (KLR)
- Decided
- 22 February 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the Award of Rift Valley Provincial Land Disputes Appeals TribunalCoramALNASHIR VISRAM
Holding
The Appellant's appeal is allowed, and the Awards of both the Tribunals are set aside with costs to the Appellant.
Facts
The suit land, registered under the Registered Land Act, was ordered to be transferred to the Respondent by the Rift Valley Provincial Land Disputes Appeals Tribunal and the District Land Disputes Tribunal.
Issues
- Jurisdiction of the Tribunals under the Land Disputes Tribunals Act, 1990
- Ownership and title to land
Reasoning
Section 3(1) of the Land Disputes Tribunals Act, 1990, does not provide any powers to the Appeals Tribunal or the District Tribunal to hear and determine disputes relating to ownership of land and title to land. Both tribunals acted ultra vires the statute.
Outcome
Appeal allowed
Orders
- Set aside the Awards of both the Tribunals
Remedies
- Costs to the Appellant
Authorities cited
Legislation (2)
- Land Disputes Tribunals Act, 1990
- Registered Land 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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