SAMUEL MAINA NJOROGE V. LAND DISPUTE TRIBUNAL RUIRU, CHIEF MAGISTRATE COURT AT THIKA & JANE WANJIKU NGUGI

JUDGMENT OF THE COURT

The genesis of this appeal is an award by the Ruiru District Lands Tribunal in Case No. 25 of 2007 whereby the 3^rd respondent was declared to be the owner of two disputed plots, being LR. Ruiru/Ruiru East Block 943 and 944 respectively (the suit properties). As a result, the appellant was ordered to release the respective title deeds of the two plots for cancellation. The award was adopted by the 2^nd respondent as an order of the court. Aggrieved by the decision, the appellant filed chamber summons before the High Court for leave to institute judicial review proceedings for orders of certiorari to quash the proceedings of both the tribunal and the order of the 2^nd respondent adopting as judgment of the court the decision of the tribunal and; that leave, if granted to operate as a stay of all proceedings before the 2^nd respondent being D.O No. 60 of 2008.

The application was premised on the ground that the tribunal had no jurisdiction to grant the impugned relief. O…