Republic v Nyeri Disrict Land Disputes Tribunal - Kieni East & 5 others Exparte/Applicant Ephraim Mwai Githinji [2015] KEHC 3955 (KLR)

Facts

Ephraim Mwai Githinji sought to quash the decision of the Nyeri District Land Disputes Tribunal and the Provincial Appeals Committee, claiming lack of jurisdiction and acting ultra vires. The respondents claimed jurisdiction and the right to adjudicate on adverse possession.

Issues

1. Provincial Appeals Committee's jurisdiction to entertain a claim based on title to land
2. District Land Disputes Tribunal's jurisdiction to split a title to land
3. Provincial Appeals Committee's jurisdiction to deal with adverse possession

Reasoning

Application dismissed as the verifying affidavit is bare and the facts relied upon are not in the verifying affidavit. The court finds no basis for granting the orders sought.

Outcome

Dismissed with costs

Authorities cited