Republic v Kikuyu Land Disputes Tribunal & 2 others Ex-parte Benjamin Bin Njuguna [2013] KEHC 47 (KLR)
- Court
- High Court of Kenya
- Case number
- 47
- Citation
- [2013] KEHC 47 (KLR)
- Decided
- 8 March 2013
The Kikuyu Land Disputes Tribunal and the Principal Magistrate’s Court had no jurisdiction to handle the land sale dispute.
Facts
The applicant is the registered proprietor of land parcel number Muguga/Jet Scheme/3181. He entered into a land sale agreement with the interested party in 2001 for the sale of 5/8 of an acre of the land. The transaction was never completed and ended up as a dispute before the Kikuyu Land Disputes Tribunal. The tribunal awarded 5/8 of an acre to the interested party on September 12, 2011, and the Principal Magistrate’s Court adopted this decision.
Issues
- Whether the Kikuyu Land Disputes Tribunal had jurisdiction to award land to the interested party.
- Whether the Principal Magistrate’s Court had jurisdiction to adopt the tribunal’s decision.
Reasoning
The Land Disputes Tribunal Act, repealed by the Environment and Land Court Act, did not grant jurisdiction to the tribunal over land sale agreements. The tribunal’s decision was ultra vires and the only remedy was an order of certiorari to quash the decision.
Outcome
Application allowed
Orders
- Order of certiorari to quash the 1st respondent’s decision to award a portion of the applicant’s land to the interested party.
- Order of prohibition stopping the 2nd respondent from executing the decision of the 1st respondent.
Remedies
- Order of certiorari to quash the decision.
- Order of prohibition.
Authorities cited
Legislation (2)
- Land Disputes Tribunal Act Cap 303A Laws of Kenya
- Environment and Land Court Act, Act No. 19 of 2011
Cases cited (1)
- JAMES ALUKOYE WERE VS LURAMBI DIVISIONAL LAND DISPUTES TRIBUNAL & ANOTHER [2006] eKLR
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