Philomena Chepkemoi Seron v Chairman Sotik Land Dispute Tribunal & 2 others [2014] KEHC 4389 (KLR)
- Court
- High Court of Kenya
- Case number
- 4389
- Citation
- [2014] KEHC 4389 (KLR)
- Decided
- 30 May 2014
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication for CertiorariCoramJ.K.SERGON
Holding
The Motion dated 24th January 2011 is well founded. The Land Disputes Tribunal had no jurisdiction to hear and determine the dispute.
Facts
The 3rd Respondent filed a complaint before the Sotik Land Disputes Tribunal claiming beneficial interest of the parcel of land known as L.R.no.Kericho/Chemagel/1057. The Land Disputes Tribunal awarded the 3rd Respondent a portion measuring one (1) acre to be excised from L.R.no.Kericho/Chemagel/1057. The award was adopted as the Judgment of the Sotik Principal Magistrate's Court.
Issues
- Jurisdiction of the Sotik Land Disputes Tribunal
- Fraudulent registration
Reasoning
The Land Disputes Tribunal had no jurisdiction to hear and determine the dispute under Section 3 of the Land Disputes Tribunals Act no.18 of 1990 (now repealed).
Outcome
The Motion is allowed.
Orders
- The decree and/or judgment of the Honourable court, the Principal Magistrate, Sotik, delivered and/or issued on 12th March, 2009 and also the verdict of Sotik Land Disputes Tribunal adopted by the Sotik Honourable Court, Land Case no.4 of 2009 are removed into this Honourable Court for purposes of being quashed forthwith.
- Each one of the Applicant and the 3rd Respondent is directed to meet her own costs.
Remedies
- Quashing of the decree and/or judgment of the Honourable court, the Principal Magistrate, Sotik, delivered and/or issued on 12th March, 2009 and also the verdict of Sotik Land Disputes Tribunal adopted by the Sotik Honourable Court, Land Case no.4 of 2009.
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