REPUBLIC V JOHN IHUGO NJOGU & 2 OTHERS EX PARTE GRACE WAGIO WAWERU [2013] KEHC 4869 (KLR)
- Court
- High Court of Kenya
- Case number
- 4869
- Citation
- [2013] KEHC 4869 (KLR)
- Decided
- 26 February 2013
The court finds no merits in the Notice of Motion dated 30th July 2012 and dismisses it with costs to the 1st respondent.
Facts
The applicant sought a declaration that the Limuru Land Disputes Tribunal had no jurisdiction over the matter of trespass and the applicant's application for trespass and eviction was within the jurisdiction of the Tribunal.
Issues
- Whether the Limuru Land Disputes Tribunal had jurisdiction over the applicant's application for trespass and eviction.
- Whether the applicant's application for trespass and eviction was within the jurisdiction of the Tribunal.
Reasoning
The court held that the issue of trespass was within the jurisdiction of the Land Disputes Tribunal and that the proceedings before the tribunal related to both title to land and beneficial interest in the suit land, which is not within the provisions of section 3(1) of the Land Disputes Tribunal Act.
Outcome
The Notice of Motion dated 30th July 2012 is dismissed with costs to the 1st respondent.
Orders
- The Notice of Motion dated 30th July 2012 is dismissed with costs to the 1st respondent.
Authorities cited
Legislation (1)
- Land Disputes Tribunal Act
Cases cited (2)
- Muhia vs. Mutura (1999) 1 EA 209
- Jotham Amunavi vs. The Chairman Sabatia Division Land Disputes Tribunal & Another (Civil Appeal No. 256 of 2002)
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