[2025] KEHC 9827 (KLR)

[2025] KEHC 9827 (KLR)

The High Court determined that it lacked jurisdiction to hear the appeal because the dispute concerned rent, which is intrinsically linked to the use and occupation of land. Under Article 165(5) of the Constitution, the High Court is expressly barred from entertaining matters relating to title to land and use and occupation of land. Such matters, including appeals from Magistrate's Courts on these issues, fall within the exclusive appellate jurisdiction of the Environment and Land Court as provided by Article 162(2) of the Constitution and section 13 of the Environment and Land Court Act. The court further clarified that while the Magistrate's Court may have jurisdiction over certain land...

Citation
[2025] KEHC 9827 (KLR)
Parties
Appellant: Hassan Ali; Respondent: Oye Ashioya
Court
High Court
Court Station
High Court at Busia
Jurisdiction
Kenya
Judgment Date
4 July 2025
Case Number
Civil Appeal E021 of 2025
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection/jurisdiction
Outcome
appeal struck out for want of jurisdiction
Judges
WM Musyoka
Legal Topics
Jurisdiction of High Court, Appeals From Magistrates Court, Tenancy Disputes, Environment and Land Court Jurisdiction
Source Language
English
Land and Property Civil Procedure Jurisdiction of High Court Appeals From Magistrates Court Tenancy Disputes Environment and Land Court Jurisdiction

Case Brief

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Parties

Hassan Ali

Appellant

Oye Ashioya

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection/jurisdiction

Legal Issues

  1. 1 Whether the High Court has jurisdiction to hear an appeal relating to rent and occupation of land.
  2. 2 Whether appeals from Magistrate's Courts in land and rent matters should be filed in the Environment and Land Court.

Ratio Decidendi

The High Court determined that it lacked jurisdiction to hear the appeal because the dispute concerned rent, which is intrinsically linked to the use and occupation of land. Under Article 165(5) of the Constitution, the High Court is expressly barred from entertaining matters relating to title to land and use and occupation of land. Such matters, including appeals from Magistrate's Courts on these issues, fall within the exclusive appellate jurisdiction of the Environment and Land Court as provided by Article 162(2) of the Constitution and section 13 of the Environment and Land Court Act. The court further clarified that while the Magistrate's Court may have jurisdiction over certain land...

Court Disposition

appeal struck out for want of jurisdiction

Orders

  • The appeal is struck out as incompetent for want of jurisdiction.
  • The trial court records shall be returned to the trial court.