Republic v Chairman, Kanduyi Land Disputes Tribunal Exparte Erick Barasa Wanyonyi & another [2014] KEHC 2520 (KLR)
- Court
- High Court of Kenya
- Case number
- 2520
- Citation
- [2014] KEHC 2520 (KLR)
- Decided
- 7 October 2014
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCertiorari and ProhibitionPostureApplication for Certiorari and ProhibitionCoramA. OMOLLO
Holding
The motion is merited as the Kanduyi Land Disputes Tribunal exceeded its mandate by awarding land to Nicasio Simiyu Muse.
Facts
Erick Barasa Wanyonyi applied for orders of certiorari and prohibition to quash the decision of the Kanduyi Land Disputes Tribunal, which awarded 4 1/2 acres of land to Nicasio Simiyu Muse.
Issues
- Whether leave was obtained outside the time provided
- Whether failure to enjoin the Bungoma SPM's court was fatal to the application
- Whether the motion has merit
Reasoning
The tribunal lacked jurisdiction to entertain the claim as it did not fall under the categories given in section 3(1) of the Land Disputes Tribunal Act.
Outcome
The decision of the Kanduyi Land Disputes Tribunal is quashed.
Orders
- The decision of the Kanduyi Land Disputes Tribunal case no. 5 of 2004 which was adopted as an order of the court in Bungoma SPMC land case no. 41 of 2005 be and is hereby called into this court and quashed.
- The cost of the motion is awarded to the exparte applicant.
Remedies
- Quashing of the Kanduyi Land Disputes Tribunal's decision
Authorities cited
Legislation (2)
- Land Disputes Tribunal Act No. 18 of 1990
- Law Reform Act
Cases cited (6)
- Justus Makhade Iloli & another vs. Loice Alili Ombeto & 3others [2013] eKLR
- Oyoo & 5 others vs. Syongo & 2 Others [2005] KLR 423
- Ako Vs. Special District Commissioner Kisumu & Another [1989] KLR 163
- Sammy W. Malesi vs Republic & 2 Others
- Dickson Miricho Muriuki Vs Central Provincial LD Appeals Committee & 6 Others (2008) eKLR
- Republic vs Busia Municipality LDT & Another 2013)eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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