High Court 2203 of 2010

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI Civil Appeal 55 of 2009 JAMES NJUGUNA WAWERU ……….……APPELLANT -versusLUCY WAITHIRA KINYENI …..………RESPONDENT (Arising from the Central Province Land Disputes Appeals Committee Tribunal Claim No. Maragwa 23 of 2005 delivered on 30 th April 2009) JUDGMENT This judgment is the result of the appeal against the decision of the Central Province Land Disputes Appeals Committee Tribunal Claim No. Maragwa 23 of 2005 delivered on 30th April 2009. The facts leading to the filing of this appeal are largely undisputed. Lucy Waithera Kinyeni, the Respondent herein, filed a complaint before the Kigumo Land Disputes Tribunal in which she claimed to be entitled to recover the parcel of land known as L.R. No. Kambiti/Block 2/266 from the registered proprietor, James Njuguna Waweru, the appellant herein. The complaint was heard and the tribunal found the case in favour of the Respondent. The appellant was unhappy with the aforesaid decision, hence he preferred an appeal to the Central Province Land Dispute Appeals Committee. The appeals Committee heard, dismissed the appeal and confirmed the judgment of the Land Disputes Tribunal. Being further aggrieved, the appellant preferred this appeal. On appeal the appellant put forward the following grounds in his Memorandum of Appeal: 1. The appeals Tribunal erred in law in adjudicating in matters affecting title to land without jurisdiction . 2. The appeals Tribunal erred in law in failing to note that both parties were claiming to be entitled to the land and hence the issue was beyond their jurisdiction. The tribunal had cancelled the appellant’s title. It is the submission of Mr. Gacheru, learned advocate for the appellant that the Appeals Committee and the Land Disputes Tribunal had no jurisdiction to hear and determine a dispute relating to title to land. In response to this submission, the Respondent in her grounds filed to oppose the appeal conceded that the tribunal and the Appeals Committee had no jurisdiction to hear and determine the dispute relating to title to land. She urged this court to resolve the dispute in view of the fact that it possessed jurisdiction. There is no doubt that the Land Disputes Tribunal’s jurisdiction is clearly defined under S. 3(1) of the land Disputes Tribunal Act. The Act did not give the Tribunal and the Appeals Committee to hear and determine a dispute relating to title to land. There is no doubt that the appellant is the registered proprietor of the parcel of land known as L.R. No. Makuyu/Kambiti/Block 2/266. It is also not in dispute that the Land Disputes Tribunal made a decision

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