MSAMBWENI LAND DISPUTE TRIBUNAL v RAMADHANI SWALEHE MWATAPHA & another Ex-Parte SULTAN KHAN ABDULLA & another [2009] KEHC 2077 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

Misc Civil Appli 27 of 2009

IN THE MATTER OF: AN APPLICATION BY SULTAN KHAN ABDULLA& FULNAK SULTANI KHAN

AND

IN THEMATTER OF:  THE CIVIL PROCEDURE ACT & RULES ORDERLIII, RULES 1,2,3 AND 4

AND

KWALE/LAND AWARD NO. 54 OF 2005 INRESPECT OF KWALE/DIANI SETTLEMENTSCHEME/201

AND

IN THE MATTER OF: KWALE DISTRICT LAND DISPUTE TRIBUNALCASE NO. 54 OF 2005

REPUBLIC.............................................................................................PLAINTIFF

-VERSUS-

MSAMBWENI LAND DISPUTE TRIBUNAL ………………..RESPONDENT

AND

RAMADHANI SWALEHE MWATAPHA

SWALEHE ABDALLA MWATAPHA…………....……...INTERESTED PARTY

EXPARTE

SULTAN KHAN ABDULLA

FULNAK SULTAN JIHAN …….………………….………………APPLICANTS

J U D G M E N T

I am satisfied that the Interested Party was duly served.  The Respondent is not opposed to the application.  The Interested party appears to have filed a separate suit to seek the same orders granted by the Tribunal.

On the merits, I find that the Tribunal in effect made orders determining questions of ownership and revocation of title.  It clearly had no jurisdiction to grant the orders made.  The title was issued after adjudication of land and it is only a court of law which can revoke the said title.

I do grant prayer 1 of the Notice of Motion dated 9. 3.09 with costs against the Interested Party.

Dated at Mombasa this 1st day of September 2009.

M. K. IBRAHIM

J U D G E