[2024] KEHC 10783 (KLR)
The High Court lacks jurisdiction to entertain disputes concerning the use, occupation, or title to land, as such matters are reserved for the Environment and Land Court under Article 162(2)(b) of the Constitution and Section 13(2) of the Environment and Land Court Act. Since the subject matter of the application is...
Source-derived case information.
- Citation
- [2024] KEHC 10783 (KLR)
- Parties
- Plaintiff: Daniel Otieno Agola; Defendant: Jacob Nyakwar Ojwang; Defendant: Gordon Nyakwar; Defendant: Chaju Construction and Builders Limited; Defendant: Kisumu Land Registrar
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause E054 of 2024
- Procedural Posture
- Succession Cause / Ruling on Preliminary Objection/jurisdiction
- Outcome
- application struck out for want of jurisdiction
- Judges
- MS Shariff
- Legal Topics
- Jurisdiction of Court, Environment and Land Court Mandate, Succession and Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Otieno Agola
Plaintiff
Jacob Nyakwar Ojwang
Defendant
Gordon Nyakwar
Defendant
Chaju Construction and Builders Limited
Defendant
Kisumu Land Registrar
Defendant
Procedural Posture
Succession Cause / Ruling on Preliminary Objection/jurisdiction
Legal Issues
- 1 Whether the High Court has jurisdiction to determine disputes relating to land parcel Kisumu/Kanyakwar B/2734.
- 2 Whether the matter falls within the exclusive jurisdiction of the Environment and Land Court.
Ratio Decidendi
The High Court lacks jurisdiction to entertain disputes concerning the use, occupation, or title to land, as such matters are reserved for the Environment and Land Court under Article 162(2)(b) of the Constitution and Section 13(2) of the Environment and Land Court Act. Since the subject matter of the application is the use of land parcel Kisumu/Kanyakwar B/2734, the court cannot proceed to determine the application. Jurisdiction is everything, and without it, the court must down its tools. Consequently, the application is struck out for want of jurisdiction.
Court Disposition
application struck out for want of jurisdiction
Orders
- The application dated 16.9.2024 is struck out for want of jurisdiction.
Full Case Text
Judgment text and source record
24 paragraphs
Agola v Ojwang & 3 others (Succession Cause E054 of 2024) [2024] KEHC 10783 (KLR) (17 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10783 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause E054 of 2024
MS Shariff, J
September 17, 2024
Between
Daniel Otieno Agola
Plaintiff
and
Jacob Nyakwar Ojwang
1st Defendant
Gordon Nyakwar
2nd Defendant
Chaju Construction and Builders Limited
3rd Defendant
Kisumu Land Registrar
4th Defendant
Ruling
1. Upon perusal of the Plaintiff’s Applicant’s certificate of urgency, notice of motion, supporting affidavit of the Plaintiff dated 16. 9.2024 and the enclosures therein I do note that the subject matter in this application is the use of land parcel No. Kisumu/Kanyakwar B/2734.
2. This court has no jurisdiction to handle the Plaintiff’s claim as the same falls within the purview of the Environment and Land Court by dint of article 162 (2) (b) and Section 13 (2) of the Environment and Land Court Act.
3. Given that jurisdiction is everything and I cannot cloth myself with jurisdiction I do hereby strike out the application dated 16. 9.2024 for want of jurisdiction. (See Owners of M. V Lillian S. -vs- Caltex Oil Kenya Ltd (1989) eKLR.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 17TH DAY OF SEPTEMBER, 2024. M. S. SHARIFFJUDGE**