REPUBLIC v RONGO LAND DISPUTES TRIBUNAL & another [2010] KEHC 898 (KLR)
- Court
- High Court of Kenya
- Case number
- 898
- Citation
- [2010] KEHC 898 (KLR)
- Decided
- 29 July 2010
The ex-parte applicant's application is granted. The interested party and the 1st respondent shall bear the costs of this application.
Facts
The ex-parte applicant, James Ochieng Rabel, is the legal representative of the estate of Walter Rabel Otieno. The deceased was the registered proprietor of Land Parcel No. Kamagambo/Kanyawanga/318. The Rongo Land Disputes Tribunal (1st Respondent) awarded the land to the interested party (David Otieno Adebba) and adopted the decision. The ex-parte applicant sought to quash the proceedings and decision.
Issues
- Ex-parte applicant's claim that the 1st respondent exceeded its jurisdiction
- Claim that the proceedings and decision of the 1st respondent are null and void
- Claim that the 1st respondent was illegally constituted
Reasoning
The 1st respondent acted without jurisdiction in awarding the land to the interested party. The decision and adoption proceedings are null and void. The 1st respondent was illegally constituted as the panel of elders who sat and deliberated on the matter were not gazetted or appointed by the District Commissioner.
Outcome
Judgment in favor of the ex-parte applicant
Orders
- To quash the proceedings and decision of the 1st respondent
- To prohibit the 1st respondent from further hearing or deliberating upon any claim relating to ownership of the suit property
- To prohibit the 2nd respondent from further proceedings or dealing in respect of the suit land
Remedies
- To quash the proceedings and decision of the 1st respondent
- To prohibit the 1st respondent from further hearing or deliberating upon any claim relating to ownership of the suit property
- To prohibit the 2nd respondent from further proceedings or dealing in respect of the suit land
Authorities cited
Legislation (2)
- Lands Disputes Tribunals Act, No. 18 of 1990
- Registered Land Act
Cases cited (1)
- ASMAN MALOBA WEPUKHULU & ANOTHER –VS- FRANCIS WAKWABURI BIKET, Civil Appeal No. 157 of 2001
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