REPUBLIC v BAHATI LAND DISPUTES TRIBUNAL & another Exparte GEORGE MWANGI GITHENDU [2011] KEHC 1252 (KLR)
- Court
- High Court of Kenya
- Case number
- 1252
- Citation
- [2011] KEHC 1252 (KLR)
- Decided
- 1 July 2011
The ex parte applicant's Notice of Motion is allowed, and the ex parte applicant is granted orders of certiorari to quash the decision of the Nakuru Land Disputes Tribunal and an order of prohibition against the Respondent.
Facts
The ex parte applicant, George Mwangi Githendu, sought orders of certiorari to quash the decision of the Nakuru Land Disputes Tribunal confirming ownership of the parcel of land known as Bahati/Kabatini Block 1/4220 to Peter Miruru Nganga. The Tribunal had also directed the court to compel the Chairman of KIUGU FIELD SCHOOL to issue a title deed to Nganga's plot in Phase II.
Issues
- Jurisdiction of the Nakuru Land Disputes Tribunal
- Ownership of the land
Reasoning
The Tribunal had no jurisdiction to make such orders and exercise powers it did not have or are not vested in it. The mandate of Land Tribunals is restricted to decisions on determination of boundaries, claims to occupy land, and trespass to land.
Outcome
The ex parte applicant's Notice of Motion is allowed.
Orders
- Orders of certiorari to quash the decision of the Nakuru Land Disputes Tribunal
- Order of prohibition against the Respondent
Remedies
- Quashing of the decision of the Nakuru Land Disputes Tribunal
- Prohibition against the Respondent
Authorities cited
Legislation (1)
- Land Disputes Tribunal Act, 1990 (No. 18 of 1990)
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