Kagwa Namusonge Muliro v Peter Wesonga Kapima [2015] KEHC 3152 (KLR)
- Court
- High Court of Kenya
- Case number
- 3152
- Citation
- [2015] KEHC 3152 (KLR)
- Decided
- 9 March 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the Provincial Land Appeals TribunalCoramS. MUKUNYA
Holding
The appeal succeeds, and the land parcel W. Bukusu/S. Mateka/2259 remains as it was prior to the decision of the South Bukusu Land Disputes Tribunal.
Facts
The appellant appealed against the decision of the Provincial Land Appeals Tribunal, claiming that the respondent was ready to transfer the parcel of land sold to the appellant, and that the Tribunal shifted the burden of proof of the purchase of the land.
Issues
- Whether the Provincial Land Appeals Tribunal erred in law by allowing the respondent's appeal.
- Whether the Tribunal had jurisdiction to determine title to land.
- Whether the Tribunal's decision was against the weight of the evidence.
Reasoning
The Tribunal had no jurisdiction to determine title to land, and the decision from which the appeal arose was itself a nullity. The Environment and Land Court Act No. 19 of 2011 has since repealed the Land Disputes Act 1990.
Outcome
Appeal Succeeds
Orders
- Each party bears its own costs.
Authorities cited
Legislation (2)
- Land Dispute Tribunal Act No. 19 of 1990
- Environment and Land Court Act No. 19 of 2011
Cases cited (3)
- Jidraph Nyoro Kangethe -vs- Silas Kangethe
- Republic -vs- Olololunga Land Disputes Tribunal ex part Isaiah Kiplangat Cheluget
- Fanca Allers Sogno in Misc. Civil Application No.181 of 1999
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.
Loading judgment…