Republic v Kajiado District Land Disputes Tribunals & another Ex-Parte Elijah Kapoya Mosiro [2013] KEHC 6973 (KLR)
- Court
- High Court of Kenya
- Case number
- 6973
- Citation
- [2013] KEHC 6973 (KLR)
- Decided
- 21 March 2013
The tribunal had jurisdiction to determine boundary disputes, and the award did not affect the land subject to the pending succession cause.
Facts
The applicant, Elijah Kapoya Mosiro, sought to challenge an award made by Kajiado District Land Disputes Tribunal regarding land parcel No. Ngong/Ngong/11077. The award was confirmed by the Senior Resident Magistrate's Court at Kajiado. The applicant alleged that the tribunal was dealing with matters subjudice in High Court Succession Cause No. 1067 of 1991.
Issues
- Whether the Land Disputes Tribunals Act gave the tribunal jurisdiction to hear the dispute
- Whether the award affected the land subject to a pending succession cause
Reasoning
The court held that the dispute was substantially a boundary and trespass dispute, within the jurisdiction of the Land Disputes Tribunals Act. The award did not affect the land subject to the pending succession cause.
Outcome
The application for certiorari and quashing of the award was dismissed.
Orders
- The application for certiorari and quashing of the award was dismissed with costs to the respondents and the interested party.
Authorities cited
Legislation (1)
- Land Disputes Tribunals Act 1990
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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