Kefa Manyada & 9 others v Nakuru Municipality Lands Disputes Tribunal & 4 others [2014] KEHC 3 (KLR)
- Court
- High Court of Kenya
- Case number
- 3
- Citation
- [2014] KEHC 3 (KLR)
- Decided
- 7 November 2014
The Tribunal's decision and subsequent adoption by the Chief Magistrate's Court are quashed, and the Tribunal is prohibited from executing the decree and registering the resurvey.
Facts
The applicants claim to be registered bona fide owners of parcels of land within Nakuru Municipality. The Nakuru Municipality Land Dispute Tribunal (1st Respondent) ordered a resurvey of the entire parcel of land Nakuru Municipality Block 29/420 to 438, which the applicants argue is not within the Tribunal's jurisdiction.
Issues
- Tribunal's jurisdiction over the resurvey of land
- Exclusion of Agricultural land from the Tribunal's jurisdiction
- Quashing of the Tribunal's decision and subsequent adoption by the Chief Magistrate's Court
Reasoning
The Tribunal exceeded its jurisdiction by ordering a resurvey of land not within the scope of its mandate and by interfering with existing titles. The Tribunal's decision is therefore quashed.
Outcome
The Tribunal's decision and subsequent adoption by the Chief Magistrate's Court are quashed.
Orders
- Quash the decision of the Nakuru Municipality Land Disputes Tribunal No. 20 of 2008 and its subsequent adoption by the Chief Magistrate's Court.
- Prohibit the Nakuru County Land Surveyor and Directors of Kalenjin Enterprises Company Ltd from executing the decree of the Chief Magistrate's court issued on 4th June, 2008.
- Compel the County Land Registrar, Nakuru to rectify the register by cancelling any entries effected pursuant to the decree and revert the register as was before the decree was effected.
Remedies
- Quash the decision of the Nakuru Municipality Land Disputes Tribunal No. 20 of 2008 and its subsequent adoption by the Chief Magistrate's Court.
- Prohibit the Nakuru County Land Surveyor and Directors of Kalenjin Enterprises Company Ltd from executing the decree of the Chief Magistrate's court issued on 4th June, 2008.
- Compel the County Land Registrar, Nakuru to rectify the register by cancelling any entries effected pursuant to the decree and revert the register as was before the decree was effected.
Authorities cited
Legislation (3)
- Land Dispute's Tribunal Act (repealed)
- Land Control Act
- Registered Land Act
Cases cited (1)
- Kenya National Examination Council vs Republic Exparte Geoffrey Gathenji Njoroge and others
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