REPUBLIC v GATANGA LANDS DISPUTES TRIBUNAL & another EX-PARTE JOSEPH NGUGI KAGUTHA [2012] KEHC 5676 (KLR)
- Court
- High Court of Kenya
- Case number
- 5676
- Citation
- [2012] KEHC 5676 (KLR)
- Decided
- 2 March 2012
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte application for orders of certiorari and prohibitionCoramC. W. GITHUA
Holding
The court quashes the entire proceedings and award made by the Land Disputes Tribunal and the decree issued by the Thika Chief Magistrate's Court.
Facts
The applicant and the interested party are brothers. The applicant was registered as the owner of land No.Loc.16/Ndunyu-Chege/212. The interested party claimed the land was fraudulently registered in the applicant's name and challenged the title. The Gatanga Land Disputes Tribunal awarded the interested party 2 acres from the land.
Issues
- The Land Disputes Tribunal acted without jurisdiction.
- The decree issued by the Thika Chief Magistrate's Court is null and void.
Reasoning
The tribunal had no jurisdiction to determine the dispute as it pertained to the division of registered land. The award and decree are null and void.
Outcome
The application is granted.
Orders
- An order of Certiorari to remove into the High Court to quash the entire proceedings and award made by the Land Disputes Tribunal.
- An Order of Prohibition prohibiting the District Land Registrar Thika from acting on the decree issued by the Thika Chief Magistrate's Court.
Remedies
- The applicant is awarded the relief of costs.
Authorities cited
Legislation (1)
- Land Disputes Tribunal Act (Act No.18 of 1990)
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