REPUBLIC V THE CHAIRMAN KANDUYI LAND DISPUTES TRIBUNAL EX-PARTE SAUL WEKESA NYONGESA & ANOTHER [2012] KEHC 2334 (KLR)
- Court
- High Court of Kenya
- Case number
- 2334
- Citation
- [2012] KEHC 2334 (KLR)
- Decided
- 17 September 2012
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Prohibition and CertiorariCoramA. O. MUCHELULE
Holding
The proceedings and award are nullified and quashed by order of Certiorari due to lack of jurisdiction under the Land Disputes Act.
Facts
The 1st ex-parte Applicant was an objector in the Kanduyi Land Disputes Tribunal proceedings over land parcel E.Bukusu/N.Sang’alo/967. The Interested Party claimed to have bought 3/4 of an acre in 1980, while the 1st ex-parte Applicant claimed to have bought one acre in 1996. The Tribunal found in favor of the Interested Party.
Issues
- Jurisdiction of the Land Disputes Tribunal
- Nullity of the proceedings and award
Reasoning
The Tribunal did not have jurisdiction to hear the dispute regarding ownership of registered land, as evidenced by the case Jotham Amunavi v. Republic, Civil Appeal no.256 of 2002 at Kisumu.
Outcome
The judgment and award are recalled into this court and quashed.
Orders
- Order of Certiorari to recall the proceedings and award into this court and quash them
Remedies
- Costs of the motion are awarded to the Interested Party
Authorities cited
Legislation (1)
- Land Disputes Act no.18 of 1990 (now repealed)
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.
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