Republic v Cherangany L.D.T & 2 others Ex-Parte Johana Nguriatukey [2014] KEHC 1736 (KLR)
- Court
- High Court of Kenya
- Case number
- 1736
- Citation
- [2014] KEHC 1736 (KLR)
- Decided
- 11 November 2014
The application succeeds to the extent that the decision of the first Respondent (the tribunal) be and is hereby removed into this court and quashed accordingly. The ex-parte applicant shall be entitled to costs from the third Respondent only.
Facts
The ex-parte applicant, Johana Nguriatukey, applied to remove a decision of the Chepareria Land Disputes Tribunal, which was read and adopted as a judgment of the court, and to quash it. The tribunal had cancelled a title deed and given the land to one Chepkokai.
Issues
- Whether the tribunal had necessary jurisdiction to deal with a dispute involving registered land
- Whether the decision of the tribunal was made in the absence of necessary jurisdiction
Reasoning
The Land Disputes Tribunals Act defines their jurisdiction and powers, and disputes relating to registered land are not within their jurisdiction. The tribunal's decision was made without jurisdiction and is therefore null and void.
Outcome
The application is granted.
Orders
- The decision of the first Respondent (the tribunal) is removed into this court and quashed.
- The ex-parte applicant is entitled to costs from the third Respondent only.
Remedies
- Quashing of the tribunal's decision
Authorities cited
Legislation (1)
- Land Disputes Tribunals Act
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