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|Case Number:||Judicial Review 2 of 2013|
|Parties:||Republic v Funyula Land Disputes Tribunal Interested Party Vincent Wandera Ogai ex-part Francis Anyiga Ligonoe|
|Date Delivered:||09 Oct 2013|
|Court:||High Court at Busia|
|Judge(s):||Stephen Murigi Kibunja|
|Citation:||Republic v Funyula Land Disputes Tribunal & another ex-parte Francis Anyiga Ligono  eKLR|
|Court Division:||Judicial Review|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
JUDICIAL REVIEW NO 2 OF 2013
IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW
IN THE MATTER OF THE APPLICATION FOR LAND DISPUTES TRIBUNAL ACT
IN THE MATTER OF THE LAND REGISTRATION ACT NO 3 OF 2012
IN THE MATTER OF AN APPLICATION BY FRANCIS ANYIGA LIGONO FOR AN ORDER OF CERTIORARI
FUNYULA LAND DISPUTES TRIBUNAL……………..RESPONDENT
VINCENT WANDERA OGAI……….……………INTERESTED PARTY
EX-PARTE…………………………………FRANCIS ANYIGA LIGONO
The Exparte Applicant, Francis Anyiga Ligono, through Ms. Obwoge Onsongo and Company advocates, filed the notice of motion dated 17/5/2013 for orders of certiorari to call into this Court and quash the award made by Funyula Land Dispute Tribunal and adopted in Busia PMC Land case no. 3 of 2005 on 12/10/2006 and costs. The main ground of the application is that the Tribunal acted beyond its powers by ordering the cancellation of title to registered land and therefore its orders were a nullity. The Interested Party, Vincent Wandera Ogai, opposed the application and filed a replying affidavit sworn on 29th July 2013, asking that the application be dismissed with costs.
When the matter came up for hearing on 26/9/2003, Mr. Onsongo Advocate for the Exparte Applicant and the Interested Party made their submissions. The court has carefully considered the contents of the pleadings, affidavits and submissions made by the parties and find as follows;
That from the findings above, the decision of the Funyula Land Dispute Tribunal in relation to Land parcel Samia/Wakhungu-Odiado/1484 and 1485 adopted in Busia PMC Land case no 3 of 2005 on 12th October 2006, was without jurisdiction and therefore null and void. The same is therefore called into this court and quashed as prayed for under prayer (a) of the notice of motion dated 17/5/2013. The interested party will meet the costs of this application.
It is so ordered.
S.M KIBUNJA JUDGE
Dated, Delivered and Signed in Busia on this 9TH day of OCTOBER, 2013.
In the presence of;