Republic v Chairman, Kapsabet Land Disputes Tribunal & 2 others Ex parte David Kiprop [2014] KEHC 2195 (KLR)
- Court
- High Court of Kenya
- Case number
- 2195
- Citation
- [2014] KEHC 2195 (KLR)
- Decided
- 9 October 2014
The Tribunal had no jurisdiction to order the sub-division of a registered land and acted ultra vires its jurisdiction.
Facts
The Ex-parte Applicant, David Kiprop, sought to quash a Kapsabet Land Disputes Tribunal's award and the order of the Principal Magistrate's Court Kapsabet adopting the award, claiming the Tribunal lacked jurisdiction to adjudicate on a registered land.
Issues
- Whether the Kapsabet Land Disputes Tribunal had jurisdiction to determine the matter before it.
- Whether the Tribunal had the power to order the sub-division of a registered land.
Reasoning
The court cited several cases to support the argument that the Land Disputes Tribunal Act does not confer jurisdiction to interfere with the interest of a registered proprietor whose title is protected by the Registered Land Act.
Outcome
The application is allowed in terms of prayer number (a). Costs to the Ex-parte Applicant which shall be paid by the Interested Parties jointly and severally.
Orders
- Order of Certiorari to remove into this court for purposes of quashing the Kapsabet Land Disputes Tribunal's award and the order of the Principal Magistrate's Court Kapsabet adopting the award and the consequent decree given on 22nd February, 2011.
- Order for costs to the Ex-parte Applicant which shall be paid by the Interested Parties jointly and severally.
Remedies
- Removal of the Tribunal's award and the order of the Principal Magistrate's Court Kapsabet adopting the award and the consequent decree given on 22nd February, 2011.
- Payment of costs to the Ex-parte Applicant which shall be paid by the Interested Parties jointly and severally.
Authorities cited
Legislation (2)
- Land Disputes Tribunal Act, No. 18 of 1990
- Registered Land Act, Cap. 300
Cases cited (4)
- HEZEKIAH KUNG'U KINUTHIA -VS- ERNEST KAMAU KINUTHIA (NAIROBI HCCA. NO. 202 OF 1999)
- ISAIAH KIPLANGAT CHELUGET -VS- OLOLOLUNGA LAND DISPUTES TRIBUNAL (NAIROBI H.C. MISC. CASE NO. 926 OF 1999)
- GIBSON SENELE MATO -VS- EASTERN PROVINCE LAND DISPUTES COMMITTEE & OTHER (NAIROBI MISC. C.A. 331 OF 2003)
- JOTHAM AMUNAVI -VS- THE CHAIRMAN SABATIA DIVISION LAND DISPUTES TRIBUNAL & ANOTHER CIVIL APPEAL NO. 256 OF 2002
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