Republic v Chairman, Mwimbi Land Disputes Tribunal & another Samuel Kaaria Exparte [2014] KEHC 629 (KLR)

Facts

The applicant, Samuel Kaaria, claims that the Land Disputes Tribunal lacked jurisdiction to order the transfer of land registered under Cap 300, Laws of Kenya. The respondent, Chairman, Mwimbi Land Disputes Tribunal, had sought a share of family land, which was developed by the respondent. The applicant actively participated in the proceedings but did not challenge the tribunal's jurisdiction.

Issues

1. Whether the Land Disputes Tribunal had jurisdiction to entertain the respondent's dispute.
2. Whether the ex parte applicant merits an order of prohibition.

Reasoning

The court found that the Land Disputes Tribunal had jurisdiction to hear the respondent's dispute. The ex parte applicant did not challenge the tribunal's jurisdiction and has not quashed the LDT decision. The application for an order of prohibition is dismissed.

Outcome

Dismissed

Authorities cited