[2016] KEHC 1468 (KLR)
The High Court determined that, pursuant to the Practice Directions issued by the Chief Justice and gazetted under Legal Notice No. 5178, all pending land matters not part-heard before the High Court must be transferred to the Environment and Land Court. Since the present appeal concerns ownership and title to land...
Source-derived case information.
- Citation
- [2016] KEHC 1468 (KLR)
- Parties
- Appellant: Bedan M. Chege; Respondent: Julius Kabugu Ndungu
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 150 of 2009
- Procedural Posture
- Civil Appeal / Ruling on Transfer of Appeal to Environment and Land Court
- Outcome
- Appeal transferred to the Environment and Land Court for hearing and determination.
- Judges
- JK Mulwa
- Legal Topics
- Land Ownership, Title to Land, Jurisdiction, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bedan M. Chege
Appellant
Julius Kabugu Ndungu
Respondent
Procedural Posture
Civil Appeal / Ruling on Transfer of Appeal to Environment and Land Court
Legal Issues
- 1 Whether the High Court has jurisdiction to hear the appeal concerning ownership and title to land.
- 2 Whether the appeal should be transferred to the Environment and Land Court in accordance with practice directions.
Ratio Decidendi
The High Court determined that, pursuant to the Practice Directions issued by the Chief Justice and gazetted under Legal Notice No. 5178, all pending land matters not part-heard before the High Court must be transferred to the Environment and Land Court. Since the present appeal concerns ownership and title to land and is not part-heard, the court lacks jurisdiction to proceed with the matter. Accordingly, the appeal is to be transferred to the Environment and Land Court for hearing and determination.
Court Disposition
Appeal transferred to the Environment and Land Court for hearing and determination.
Orders
- The appeal is hereby transferred for hearing and determination to the Environment and Land Court.
- Parties are directed to take a fresh hearing date at the Environment and Land Court Registry.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
CIVIL APPEAL NUMBER 150 OF 2009
BEDAN M. CHEGE.........................................................................APPELLANT
VERSUS
JULIUS KABUGU NDUNGU......................................................RESPONDENT
(Being an appeal from the Judgment & Decree of Rift Valley Provincial Committee Nakuru Land Dispute Appeal No. 121 of 2007 made on 10th June , 2009
RULING AND DIRECTIONS
The Appeal before me arose from the Judgment and Decree of the Rift Valley Provincial Committee, Nakuru Land Dispute Appeal No.121 of 2007 made on the 10th June 2009.
The Subject before the Land Dispute Tribunal concerned the Ownership and Title to Land namely Parcel No. 1873 Kijabe/Kijabe Block 1/1873.
In its determination as to ownership of the land parcel, the Tribunal found in favour of the Respondent. It is upon that decision tht the appellant filed he appeal under consideration on the 10th July 2009 by its Memorandum of Appeal dated 1st July 2009 and a Record of Appeal filed on the 1st March 2011.
From the above short narration, it is evident that the appeal belongs to the Environment and Land Court whose jurisdiction and mandate relate to all disputes concerning the use, title and occupation of land.
By practice Directions issued by the Hon. Chief Justice on the 25th July 2014 and Gazetted under Legal Notice No. 5178, all land matters pending for hearing before the High Court, and that are not part-heard shall be transferred to the Land Court as may be directed by the Judge.
The appeal is not part-heard. Parties have filed written submissions. For these reasons, and pursuant to the practice Notes referred to above, I direct that this appeal be and is hereby transferred for hearing and determination to the Environment and Land Court.
Parties are directed to take fresh hearing date at the Environment and Land Court Registry.
Dated, signed and delivered in open court on the 22nd day of September 2016.
JANET MULWA
JUDGE