COSMAS KANJA MBUTETI v JACKSON MURAGE & 3 others [2008] KEHC 2309 (KLR)

Facts

The dispute involved the ownership of plot No. Inoi/Ndimi/86. The Central Divisional Land Disputes Tribunal awarded Cosmas Kanja Mbuteti 1/4 acre from the whole parcel. The issue was previously decided in Succession No. 5/86 by the Senior Resident Magistrate.

Issues

1. The Provincial Land Disputes Appeals Committee misunderstood the doctrine of Res Judicata.
2. The Tribunal misdirected itself on the legal implication of ruling in Succession No. 5/86.
3. The Tribunal exceeded its jurisdiction on terminating the appeal to uphold the decision of the lower court.

Reasoning

The Tribunal has no power to entertain disputes in matters already decided by a court of competent jurisdiction. The parties intended to undo the distribution of the land in question, which was distributed in a Succession case.

Outcome

Appeal dismissed