REPUBLIC V RIFT VALLEY PROVINCIAL LAND DISPUTES APPEALS TRIBUNAL & ANOTHER [2012] KEHC 1010 (KLR)
- Court
- High Court of Kenya
- Case number
- 1010
- Citation
- [2012] KEHC 1010 (KLR)
- Decided
- 26 October 2012
The Bahati Land Disputes Tribunal and the Provincial Land Disputes Appeals Committee had no jurisdiction to determine the matter concerning the Agreement for Sale of Land. The court quashed the decision of the Appeals Committee and the Bahati Land Disputes Tribunal, and ordered the ex parte Applicant to have the costs of the Application.
Facts
The Applicant sought an order of certiorari to remove the proceedings and verdict of the Rift Valley Land Disputes Appeals Committee, which had awarded 3 acres of land to the Interested Party based on an Agreement for Sale of Land. The Applicant argued that the Appeals Committee had no jurisdiction to determine such a matter.
Issues
- Whether the Rift Valley Land Disputes Appeals Committee had jurisdiction to determine the matter concerning the Agreement for Sale of Land.
- Whether the Bahati Land Disputes Tribunal had jurisdiction to enforce the Sale Agreement and award the land to the Interested Party.
Reasoning
The court held that the Bahati Land Disputes Tribunal and the Appeals Committee had no jurisdiction to enforce the Sale Agreement and award the land to the Interested Party, as the issue was not within the jurisdiction of Land Disputes Tribunals as per the Land Disputes Tribunals Act 1990.
Outcome
The ex parte Applicant's application for an order of certiorari was granted, and the decision of the Appeals Committee and the Bahati Land Disputes Tribunal was quashed.
Orders
- The decision of the Provincial Land Disputes Appeals Committee issued on 11th August 2010, the decision of the Bahati Land Disputes Tribunal, the order of the subordinate court purporting to adopt, and the said awards are called up to this court and quashed by the order of certiorari.
- The ex parte Applicant shall have the costs of this Application.
Remedies
- Quashing of the decision of the Provincial Land Disputes Appeals Committee and the Bahati Land Disputes Tribunal.
- Order for the ex parte Applicant to have the costs of the Application.
Authorities cited
Legislation (2)
- Land Disputes Tribunals Act 1990 (No. 18 of 1990)
- Registered Land Act, Cap. 300, Laws of Kenya
Cases cited (1)
- WAMWEA VS. CATHOLIC DIOCESE OF MURANG'A REGISTERED TRUSTEES [2003] KLR
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