Daniel Mose Nchore & another v Nyamache Land Disputes Tribunal & 2 others [2016] KEHC 6142 (KLR)
- Court
- High Court of Kenya
- Case number
- 6142
- Citation
- [2016] KEHC 6142 (KLR)
- Decided
- 26 February 2016
The Land Disputes Tribunal acted in excess of its jurisdiction and its decision to award the land to the interested party and order the eviction of the ex parte applicants is null and void.
Facts
The ex parte applicants sought leave to apply for an order of certiorari to remove and bring to the High Court the decision of Nyamache Land Disputes Tribunal Case No. 2 of 2011, which awarded disputed land to Ondara Nchore and Agnes Ondara Nchore, ordering the ex parte applicants to vacate the suit premises.
Issues
- Division of land
- Occupancy and working of land
- Trespass to land
Reasoning
The court held that the disputed land was registered land and the Land Disputes Tribunal had no jurisdiction to deal with the matter. The ex parte applicants' averments remain unchallenged and uncontroverted.
Outcome
The ex parte applicants' application for certiorari and prohibition is granted.
Orders
- Certiorari and prohibition granted
Remedies
- Set aside the decision of the Land Disputes Tribunal
Authorities cited
Legislation (1)
- Land Disputes Tribunal Act No. 18 of 1990
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