[2021] KEHC 8776 (KLR)

[2021] KEHC 8776 (KLR)

The court determined that it lacked jurisdiction to hear the application as it arose from an Environment and Land Court matter. The proper forum for such applications is the ELC sitting in Meru. Consequently, the application was ordered to be placed before the ELC Judge for directions.

Source-derived case information.

Citation
[2021] KEHC 8776 (KLR)
Parties
Applicant: Alice Kanana; Respondent: Hannington Kinyua
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Case E032 of 2020
Procedural Posture
Miscellaneous Application / Directions
Outcome
Application transferred to the Environment and Land Court sitting in Meru for directions.
Judges
TW Cherere
Legal Topics
Jurisdiction, Transfer of Proceedings
Source Language
en
Land and Property Jurisdiction Transfer of Proceedings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Alice Kanana

Applicant

Hannington Kinyua

Respondent

Procedural Posture

Miscellaneous Application / Directions

Legal Issues

  1. 1 Whether the High Court at Meru has jurisdiction to hear an application arising from an Environment and Land Court (ELC) matter.
  2. 2 Whether the application should be transferred to the appropriate court.

Ratio Decidendi

The court determined that it lacked jurisdiction to hear the application as it arose from an Environment and Land Court matter. The proper forum for such applications is the ELC sitting in Meru. Consequently, the application was ordered to be placed before the ELC Judge for directions.

Court Disposition

Application transferred to the Environment and Land Court sitting in Meru for directions.

Orders

  • This application be placed before the ELC Judge sitting in Meru for directions.
  • It is so ordered.