REPUBLIC v CHAIRMAN KEIYO LAND TRIBUNAL & 3 others Exparte JAMES KIPNGETICH KIPSITEI [2012] KEHC 1734 (KLR)
- Court
- High Court of Kenya
- Case number
- 1734
- Citation
- [2012] KEHC 1734 (KLR)
- Decided
- 27 September 2012
The Court finds that the Land Disputes Tribunal had jurisdiction to deal with the boundary dispute between the Applicant and the Interested Party. The Tribunal's decision and decree by the Resident Magistrate is limited to resolving the dispute over a common boundary.
Facts
The Applicant, James Kipngetich Kipsitei, filed an application for leave to apply for order of certiorari and prohibition against the Chairman of Keiyo Land Dispute Tribunal and other Respondents regarding a dispute over the boundary of registered land IRONG/ITEN/1438.
Issues
- Whether the Land Disputes Tribunal had jurisdiction to adjudicate on a dispute touching on registered land and the present dispute over land ownership or over boundary.
- Whether the Tribunal's decision and decree by the Resident Magistrate resulted in rectification of the Applicant's title deed.
Reasoning
The court ruled that the Tribunal had jurisdiction to deal with the boundary dispute and dismissed the application with costs. The court noted that the dispute was over a common boundary and not over ownership or title to land.
Outcome
Application dismissed with costs
Orders
- Order of Certiorari to remove into the High Court to quash the award dated 30th May 2006 by Keiyo Land Dispute Tribunal and the subsequent Decree of Honourable Nathan Shiundu granted on 4th July 2006 in Resident Magistrates Court, Iten Land Dispute Tribunal No. 22 of 2006.
- Order of Prohibition to restrain the Respondents from alienating, encroaching upon, selling, shifting the boundaries thereof and/or acting in any manner as to deprive or dispose the Applicant from legal occupation and ownership of the suit property parcel number IRONG/ITEN/1438 measuring 0.10 HA or thereabouts until the final hearing and determination of this suit.
Authorities cited
Legislation (2)
- Order 53, Rules 1, 2 and 3 and Sections 7 and 8 of the Law Reforms Act, Cap 26 Laws of Kenya
- Order LIII of the Civil Procedure Rules, Section 8 & 9 of the Law Reform Act, Section 27 and 28 of the Registered Land Act Cap 300 Laws of Kenya
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