NJERU THAGICHA v ANN KARIMI NJERU & Another [2010] KEHC 360 (KLR)

REPUBLICOF KENYA

IN THE HIGH COURT OF KENYA AT EMBU

MISC. CIVIL APPLICATION NO. 53 OF 2008

NJERU THAGICHA…...……………............................................................………………..…….PLAINTIFF

VERSUS

THE CHAIRMAN EMBU LAND

DISPUTES TRIBUNAL…………….…….......................................................................……….1ST DEFENDANT

ANN KARIMI NJERU…………………....................................................................……………2ND DEFENDANT

R U L I N G

The applicant seeks an order of certiorari to quash the decision the Embu District Land Disputes Tribunal Committee which is undated.

The grounds raised in support of the Application is that the Tribunal exceeded its jurisdiction when it ordered that the land belonging to the applicant be sub-divided into 4 equal portions and that Title Deed No. GATURI/NEMBURE/1897 be cancelled and the four portions be registered in the names of each of the 4 families.

I have considered the application along with the rival affidavits. The annexures clearly show that the land in question is registered in the names of the applicant under Cap 300 of the Laws of Kenya.

That in itself divests jurisdiction from the Land Disputes Tribunal to arbitrate and determine the matter. The Tribunal’s mandate under Section 3(1) of the Land Disputes Tribunal Act does not allow it to determine ownership of registered land. It does not empower the Tribunal to give orders to cancel Title Deeds either. Those 2 areas are a preserve of the conventional courts of law. The Tribunal did therefore act without jurisdiction and their award is therefore null and void ab initio. The same should therefore be quashed.

The application dated 26. 11. 08 therefore succeeds. The same is allowed. The said award is removed into this court and the same is hereby quashed. Each party to bear its own costs.

W. KARANJA

JUDGE

Delivered, signed and dated at Embu this 22nd day of November 2010

In presence of:- Mr. Nduku for Momanyi for ex-parte applicant & Interested party in person.