[2024] KEHC 12419 (KLR)
The High Court lacks jurisdiction to determine disputes whose subject matter is land, as such jurisdiction is exclusively vested in the Environment and Land Court by virtue of Section 13 of the Environment & Land Court Act and Article 162(2)(b) of the Constitution of Kenya 2010. The court cannot arrogate itself...
Source-derived case information.
- Citation
- [2024] KEHC 12419 (KLR)
- Parties
- Plaintiff: Rostika Atieno; Defendant: Francis Oyoo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Case 333 of 2024
- Procedural Posture
- Miscellaneous Civil Case / Ruling on Notice of Motion for Land Related Relief
- Outcome
- application struck out for want of jurisdiction
- Judges
- MS Shariff
- Legal Topics
- Jurisdiction of Courts, Environment and Land Court Act, Constitutional Jurisdiction, Striking Out Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rostika Atieno
Plaintiff
Francis Oyoo
Defendant
Procedural Posture
Miscellaneous Civil Case / Ruling on Notice of Motion for Land Related Relief
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine disputes relating to land as the subject matter.
- 2 Whether the application should be struck out for want of jurisdiction.
Ratio Decidendi
The High Court lacks jurisdiction to determine disputes whose subject matter is land, as such jurisdiction is exclusively vested in the Environment and Land Court by virtue of Section 13 of the Environment & Land Court Act and Article 162(2)(b) of the Constitution of Kenya 2010. The court cannot arrogate itself jurisdiction not conferred by law. Consequently, the application is struck out for want of jurisdiction.
Court Disposition
application struck out for want of jurisdiction
Orders
- The application is struck out with no orders as to costs.
- The file is marked as closed.
Full Case Text
Judgment text and source record
19 paragraphs
Atieno v Oyoo (Miscellaneous Civil Case 333 of 2024) [2024] KEHC 12419 (KLR) (8 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12419 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Case 333 of 2024
MS Shariff, J
October 8, 2024
Between
Rostika Atieno
Plaintiff
and
Francis Oyoo
Defendant
Ruling
1. I have considered the notice of motion dated 19th September 2024 and the affidavit in support thereof sworn by Rostica Atieno Ouma on even date and I do note that the subject matter of the application is land which is within the jurisdiction of the Environment and Land Court by dint of Section 13 of the Environment & Land Court Act and article 162/2/(b) of the Constitution of Kenya 2010. Jurisdiction is everything and this court cannot assign itself jurisdiction that it has not been clothed with by either the Constitution or Statute.
2. I therefore have to down my tools: See Owners of Motor Vessel Lilian S -vs- Caltex Oil (1989) KLR.
3. This application is thus struck out with no orders as to costs.
4. This file is marked as closed.
DATED, SIGNED AND DELIVERED THIS 8THDAY OF OCTOBER, 2024M. S. ShariffJUDGE