PETER KIMANI KARIUKI v CHAIRMAN THIKA LAND DISPUTE TRIBUNAL [2009] KEHC 3453 (KLR)
- Court
- High Court of Kenya
- Case number
- 3453
- Citation
- [2009] KEHC 3453 (KLR)
- Decided
- 16 June 2009
The application is dismissed. The Applicant is not granted leave to apply for an order of certiorari to remove into this court and quash the decision of the Thika Land Disputes Tribunal. The Applicant is at liberty to apply for extension of time to appeal out of time.
Facts
The Applicant and Interested Party had a dispute over land parcel LR No KIAMBU/MUNYU/522. The Interested Party filed a reference at the Thika Land Disputes Tribunal, and the parties appeared before the Tribunal on 13th January 2009. The elders awarded in favor of the Applicant.
Issues
- Whether the Applicant's interest and inheritance on the land stand to be denied or transferred on the basis of proceedings which are prima facie null and void.
- Whether the Applicant is estopped from raising the issue of jurisdiction to the Tribunal to handle the matter.
Reasoning
The Applicant submitted to the jurisdiction of the Tribunal and failed to raise the issue of jurisdiction. He is estopped from raising the issue at this stage. The Act provides a simplified mode of procedure which is less costly and affordable by even a lowly peasant.
Outcome
Denied
Orders
- The application is dismissed.
- The Applicant is at liberty to apply for extension of time to appeal out of time.
Authorities cited
Legislation (2)
- Land Disputes Tribunal Act No 18 of 1990
- Law Reform Act
Cases cited (1)
- Mwangi and Another v. Mwangi [1986] KLR 328
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