REPUBLIC V THE EMBU LAND DISPUTES TRIBUNAL & another [2009] KEHC 983 (KLR)
- Court
- High Court of Kenya
- Case number
- 983
- Citation
- [2009] KEHC 983 (KLR)
- Decided
- 3 November 2009
The Tribunal's order to subdivide the parcel of land and register it in the names of the plaintiff and defendant was ultra vires and null and void, and the proceedings and subsequent orders are quashed.
Facts
The ex-parte applicant sought to quash the proceedings and orders of the Land Disputes Tribunal and the Senior Principal Magistrate Court in a land dispute case involving the division of land and the registration of title deeds.
Issues
- The Land Disputes Tribunal lacked jurisdiction to determine the matter involving ownership of land.
- The Tribunal's order to subdivide a parcel of land and register it in the names of the plaintiff and defendant was ultra vires and null and void.
Reasoning
The Land Disputes Tribunal Act does not confer jurisdiction to the Tribunal to order the revocation, cancellation, rectification, or issuance of title deeds. The jurisdiction of the Tribunal is limited to matters of land boundaries, occupation, and trespass.
Outcome
The ex-parte applicant's application succeeds and the Tribunal's order is quashed.
Orders
- The decision of the Land Disputes Tribunal dated 26/2/2002 and the decision of the Senior Principal Magistrate Court dated 19/9/2006 adopting the same are removed into this court for quashing and quashed.
- Each party bears its own costs of this case.
Remedies
- Quashing of the Tribunal's order and subsequent orders
Authorities cited
Legislation (1)
- Land Disputes Tribunal Act No. 18 of 1990
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