REPUBLIC V KENYENYA DISTRICT LAND DISPUTES TRIBUNAL & 2 OTHERS EX PARTE NYAKWAMA NYAMOSI [2012] KEHC 2209 (KLR)
- Court
- High Court of Kenya
- Case number
- 2209
- Citation
- [2012] KEHC 2209 (KLR)
- Decided
- 7 September 2012
The court quashes the decision of the 1st Respondent and prohibits the 1st and 2nd Respondents and the Interested Party from adopting and implementing the said orders.
Facts
The ex parte applicant, NYAKWAMA NYAMOSI, sought leave to apply for certiorari and prohibition to quash the decision of the Kenyenya District Land Disputes Tribunal dated 27th July 2010 in Tribunal Case No.3 of 2010. The 1st Respondent, KENYENYA DISTRICT LAND DISPUTES TRIBUNAL, had made orders on 27th July 2010, which the ex parte applicant argued were null and void.
Issues
- 1st Respondent's jurisdiction over proprietary interests in land
- 1st Respondent's power to issue restraining orders
- nullity of the Tribunal's decision
Reasoning
The court found that the 1st Respondent acted beyond its powers and jurisdiction by adjudicating on the proprietary interests in the suit lands, which are protected by the Registered Land Act. The court also ruled that the 1st Respondent had no jurisdiction to issue restraining orders.
Outcome
The ex parte applicant's application is allowed.
Orders
- An order of CERTIORARI quashing the decision of the 1st Respondent on 27th July 2010
- An order of PROHIBITION prohibiting the 1st and 2nd Respondents and the Interested Party from adopting and/or implementing the said orders
Remedies
- Quashing of the decision of the 1st Respondent and prohibition of the 1st and 2nd Respondents and the Interested Party from adopting and/or implementing the said orders
Authorities cited
Legislation (2)
- Land Disputes Tribunals Act No.18 of 1990
- Registered Land Act Cap 300 Laws of Kenya
Cases cited (1)
- Macfoy v United Africa Co. Ltd. [1961] 3 All ER 1169
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