REPUBLIC v RUIRU DISTRICT LAND TRIBUNAL & 2 others Ex-parte ANDREW MURUNGA KIRI [2011] KEHC 2584 (KLR)
- Court
- High Court of Kenya
- Case number
- 2584
- Citation
- [2011] KEHC 2584 (KLR)
- Decided
- 16 May 2011
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Prohibition and CertiorariCoramD. MUSINGA
Holding
The ex parte applicant’s application is granted. The interested party shall bear the costs of the application.
Facts
The ex parte applicant is a registered proprietor of land known as L.R. No. Ruiru/East Block/1 (Githunguri) 1633. A complaint was filed by a fraudster at the Ruiru District Tribunal, declaring that the fraudster is the owner of the land. The Ruiru District Land Tribunal awarded the suit land to the claimant's deceased father, Antony Kamau Kinyanjui.
Issues
- Whether the Ruiru District Land Tribunal exceeded its jurisdiction in awarding the suit land to the claimant's deceased father.
- Whether the Ruiru District Land Tribunal's award is void ab initio and unenforceable.
Reasoning
The tribunal exceeded its jurisdiction by awarding the suit land to the claimant's deceased father, and the award is void ab initio.
Outcome
Application granted
Orders
- An order of prohibition be issued directed at the Ruiru District Land Tribunal and the Senior Principal Magistrate, Thika, to prohibit them from receiving, reading and forwarding the award for adoption as judgment of the court.
- An order of certiorari do issue directed to the High Court to quash the decision and orders that had been issued by the Ruiru Land District Dispute Tribunal in RUIRU/LDT/04 of 2010.
Remedies
- The interested party shall bear the costs of the application.
Authorities cited
Legislation (1)
- Land Disputes Tribunal Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…