Wilfred Warui Kibuba v Mwenjeri Kibuba [2014] KEHC 5641 (KLR)
- Court
- High Court of Kenya
- Case number
- 5641
- Citation
- [2014] KEHC 5641 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a decision of the Mathioya Land Disputes TribunalCoramJ.K. SERGON
Holding
The appeal is well founded. The decision of the Mathioya Land Disputes Tribunal is set aside. The order of Kangema S.R.M's court adopting the decision of the tribunal is set aside. Costs of the appeal is given to the appellant.
Facts
The Respondent claimed to be entitled to inherit 2 1⁄2 acres to be excised from Loc.14/Kairo/1193, a parcel of land registered in the name of the Appellant. The Mathioya Land Disputes Tribunal awarded the Respondent 2 1⁄2 acres.
Issues
- Whether the Mathioya Land Disputes Tribunal had jurisdiction to hear and determine the dispute over title to land.
- Whether the appeal is incompetently before this court.
Reasoning
The Land Disputes Tribunal's jurisdiction is clearly stated under Section 3(1) of the Land Disputes Tribunals Act no.18 of 1990. The tribunal was not given jurisdiction to hear and determine a dispute in respect of title to land.
Outcome
Appeal allowed
Orders
- Decision of the Mathioya Land Disputes Tribunal set aside
- Order of Kangema S.R.M's court adopting the decision of the tribunal set aside
Remedies
- Costs of the appeal given to the appellant
Authorities cited
Legislation (1)
- Land Disputes Tribunals Act no. 18 of 1990
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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