Ndege Kabibi Kimanga & another v Karinga Gaciani & 12 others [2016] KEHC 1178 (KLR)
- Court
- High Court of Kenya
- Case number
- 1178
- Citation
- [2016] KEHC 1178 (KLR)
- Decided
- 11 November 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a decision of the District Officer NDIA Division and the Land Disputes TribunalCoramGITUAN
Holding
The Court has jurisdiction to determine the dispute.
Facts
The plaintiffs filed a suit seeking the cancellation of the registration of the defendants as proprietors of land parcels and consolidation of the same into a former land parcel. The defendants are the owners of the land parcels in question.
Issues
- Res-judicata in view of proceedings in Arbitration Case No. 37 of 1982 and KERUGOYA L.D.T Case No. 13 of 2011.
- Time-barred by virtue of the Limitation of Actions Act CAP 22 Laws of Kenya.
Reasoning
The Court confirmed its jurisdiction to determine the dispute, noting that the District Officer NDIA Division and the Land Disputes Tribunal had no jurisdiction to determine issues relating to ownership of registered land.
Outcome
The Court has jurisdiction to determine the dispute.
Authorities cited
Legislation (1)
- Limitation of Actions Act CAP 22 Laws of Kenya
Cases cited (2)
- OWNERS OF THE MOTOR VEHICLE “LILLIAN S” VS CALTEX OIL (KENYA) LTD 1989 K.L.R
- JOSEPH MALAKWEN LELEI & ANOTHER VS RIFT VALLEY L
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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