Peterson Nguchu Kaburi v Joseph Thuku Kaburi [2015] KEHC 5750 (KLR)
- Court
- High Court of Kenya
- Case number
- 5750
- Citation
- [2015] KEHC 5750 (KLR)
The lower court had jurisdiction to enquire into the legality of the award, but the appellant did not use the proper procedure as provided by the Land Disputes Tribunal Act.
Facts
The appellant challenged an award from the Central Division Dispute Tribunal in respect of Land Dispute Tribunal Case No.108 of 2007, alleging that the award was from an unauthorized entity and lacked clarity on its source and signatories.
Issues
- Whether the lower court had jurisdiction to enquire into the legality or otherwise of the award filed before it?
- Whether the procedure adopted by the appellant in challenging the award and judgment in respect thereof is the right one?
- Whether the appellant has made up a case for issuance of the orders sought?
Reasoning
The court held that the Land Disputes Tribunal Act provides a mechanism for challenging the decision of a tribunal, including lodging an appeal to the provincial appeals committee and then a final appeal to the High Court on a matter of law. The appellant did not use this mechanism.
Outcome
Affirmed the judgment of the lower court
Authorities cited
Legislation (1)
- Land Disputes Tribunal Act No.18 of 1990
Cases cited (2)
- International Centre for Policy and Conflict & 5 others vs. The Attorney General & 4 others (2014) e KLR
- Re Francis Gitau Parsinei & others vs. National Alliance Party & others Nairobi Petition No. 356 of 2012
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