PETER OTARA MASESE v KEUMBU LAND DISPUTES TRIBUNAL (KEUMBU DIVISION) [2012] KEHC 2105 (KLR)
- Court
- High Court of Kenya
- Case number
- 2105
- Citation
- [2012] KEHC 2105 (KLR)
- Decided
- 21 September 2012
The court grants the application and quashes the proceedings of the Keumbu Lands Dispute Tribunal Case No. 23 of 2011, finding that the Tribunal lacks jurisdiction to entertain matters pertaining to land ownership, acquisition, and registered title.
Facts
The applicant, Peter Otara Masese, is the registered proprietor of land parcel Nyaribari Chache/Keumbu/302 since 1969. The Keumbu Land Disputes Tribunal registered a land dispute case involving the applicant and the interested party, Soteri Kiboma, alleging fraud in the acquisition of the land.
Issues
- Whether the Land Disputes Tribunal has jurisdiction to entertain the land ownership dispute.
- Whether the proceedings before the Land Disputes Tribunal are a nullity due to lack of jurisdiction.
Reasoning
The court holds that the Land Disputes Tribunal Act does not confer jurisdiction on the Tribunal to adjudicate on matters of land ownership, acquisition, and registered title. The court also notes that the Land Disputes Tribunals may no longer exist due to the enactment of the Environment and Land Courts Act 2011.
Outcome
The applicant is granted leave to apply for judicial review and the proceedings before the Land Disputes Tribunal are quashed.
Orders
- An order of judicial review in the nature of certiorari to remove the proceedings of Keumbu Lands Dispute Tribunal Case No. 23 of 2011 and quash them.
- An order of prohibition prohibiting the respondent and the interested party from further entertaining, adjudicating upon, or hearing Keumbu Lands Dispute Tribunal Case No. 23 of 2011.
Remedies
- The applicant is granted leave to apply for judicial review.
- The proceedings before the Land Disputes Tribunal are quashed.
Authorities cited
Legislation (2)
- Land Disputes Tribunal Act No. 18 of 1990
- Environment and Land Courts Act 2011
Cases cited (2)
- Owners of the Motor Vessel “Lillian S” v Caltex Oil (Kenya) Ltd Civil Appeal No 50 of 1989
- Marete – Vs – Republic & 3 others Civil Appeal No. 259 of 2000 (2004) eKLR
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