Republic v Chairman Suneka Land Disputes Tribunal & 3 others Ex-parte Dominic Maangu Nyabwengi & another [2013] KEHC 1908 (KLR)
- Court
- High Court of Kenya
- Case number
- 1908
- Citation
- [2013] KEHC 1908 (KLR)
- Decided
- 11 October 2013
The 1st respondent had no jurisdiction to make the decision, and the decision was a nullity. The 3rd respondent had no jurisdiction to adopt the null decision as a judgment of the court. The application is granted, and the applicant is awarded costs.
Facts
The applicant, Dominic Maangu Nyabwengi, claimed that his deceased father, Peter Nyabwengi, had fraudulently registered the suit property in his name, depriving his brother, Samwel Omanwa Maangu, of the land. The Suneka Land Disputes Tribunal and the Land Registrar adopted the decision of the Chairman to cancel Nyabwengi's title.
Issues
- Jurisdiction of the 1st respondent to make the decision
- Validity of the decision of the 1st respondent
- Jurisdiction of the 3rd respondent to adopt the decision as a judgment of the court
Reasoning
The decision of the 1st respondent was a nullity due to lack of jurisdiction. The 3rd respondent had no authority to adopt a null decision as a judgment of the court. The suit property is registered in the name of a deceased person, so the order of prohibition is not granted.
Outcome
The application is granted, and the applicant is awarded costs.
Orders
- Order of certiorari to quash the decisions of the 1st and 3rd respondents
- Order of prohibition to prohibit the respondents from interfering with the suit property
Remedies
- Award of costs to the applicant
Authorities cited
Legislation (2)
- Land Disputes Tribunals Act, 1990
- Civil Procedure Rules
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