Republic v Chairman, Ndanai Land Disputes Tribunal & 2 others Ex-parte Joseph Maritim [2018] KEHC 4391 (KLR)
- Court
- High Court of Kenya
- Case number
- 4391
- Citation
- [2018] KEHC 4391 (KLR)
- Decided
- 28 August 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureEx-parte application seeking to quash a land dispute tribunal awardCoramJ.M. ONYANGO
Holding
The court finds that the 1st and 2nd Respondents had no jurisdiction to hear the matter, and quashes the 2nd Respondent's order and proceedings.
Facts
The ex-parte applicant filed a case against the applicants with the 1st Respondent, the Ndanai Land Disputes Tribunal, which resulted in an award. The applicants then sought to have the award quashed.
Issues
- Whether the 1st and 2nd Respondents had the requisite jurisdiction to hear and determine the matter
- Whether the Land Disputes Tribunal Act No. 18 of 1990 gave the 1st Respondent jurisdiction to hear the matter
Reasoning
The land is registered under the Registered Land Act, giving the registered proprietor absolute proprietorship. The Land Disputes Tribunal Act only gives jurisdiction to hear disputes under customary law where it is not inconsistent with written law.
Outcome
The ex-parte applicant's application is granted, and the 2nd Respondent's order and proceedings are quashed.
Orders
- An order of certiorari is issued quashing the 2nd Respondent's order dated 31st January 2011 and all proceedings arising therefrom and connected therewith.
- The costs of the application are to be borne by the Respondents.
Remedies
- Quashing of the 2nd Respondent's order and proceedings
Authorities cited
Legislation (2)
- Land Disputes Tribunal Act No. 18 of 1990
- Registered Land Act, Cap 300
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…