[2016] KEHC 5695 (KLR)
The High Court lacks jurisdiction to hear and determine appeals concerning the use, occupation, and title to land, as such matters fall within the exclusive mandate of the Environment and Land Court. Since the appeal has not been heard and only written submissions have been filed, the case must be transferred to the...
Source-derived case information.
- Citation
- [2016] KEHC 5695 (KLR)
- Parties
- Appellant: Cecilia Nyambura Murunga; Respondent: John Ndung'u Maina
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 12 of 2012
- Procedural Posture
- Civil Appeal / Directions on Jurisdiction and Transfer
- Outcome
- Appeal transferred to the Environment and Land Court for hearing and determination.
- Judges
- JK Mulwa
- Legal Topics
- Jurisdiction of Environment and Land Court, Transfer of Land Cases, Title to Land, Permanent Injunction, Eviction Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cecilia Nyambura Murunga
Appellant
John Ndung'u Maina
Respondent
Procedural Posture
Civil Appeal / Directions on Jurisdiction and Transfer
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine appeals relating to use, occupation, 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 lacks jurisdiction to hear and determine appeals concerning the use, occupation, and title to land, as such matters fall within the exclusive mandate of the Environment and Land Court. Since the appeal has not been heard and only written submissions have been filed, the case must be transferred to the Environment and Land Court in accordance with the Chief Justice's Practice Directions. The transfer ensures that the matter is heard by the court with proper jurisdiction, upholding the statutory and procedural requirements governing land disputes.
Court Disposition
Appeal transferred to the Environment and Land Court for hearing and determination.
Orders
- The appeal is transferred for hearing and determination to the Environment and Land Court.
- Parties to take directions on disposal of the appeal before the Environment and Land Court Judge.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
CIVIL APPEAL NUMBER 12 OF 2012
CECILIA NYAMBURA MURUNGA..........................................APPELLANT
VERSUS
JOHN NDUNG'U MAINA...................................RESPONDENT
(Appeal from the Judgment of the Honourable Resident Magistrate D.N. Musyoka in Nyahururu Principal Magistrate's court Civil case No.118 of 2011 delivered on 10th January 2012 )
DIRECTIONS
1. This appeal arose from the judgment delivered in PMCC No. 47 of 2011 Nyahururu on the 10th January 2012. The primary suit concerned the use and occupation of, and title to land parcel No. Laikipia/Ngobit/Supuko Block 2/919(Wiyumiririe).The plaintiff now the Appellant sought an order of permanent injunction to restrain the Respondent from entering, remaining, interfering or in any manner dealing with the said land parcel and a further order of eviction from the suit premises. The trial court found in favour of the Respondent, and made an order that the suit premises be transferred to the Respondent among other reliefs.
The trial court's judgment gave rise to this appeal.
2. From the above, it is evident that the appeal belongs to the Environment and Land Court whose jurisdiction and mandate relate to the use, occupation and title to land. Practice Directions issued by the Hon. The Chief Justice and Gazetted under Notice No. 5178and dated25th July 2014 on proceedings relating to the Environment and Land Court that all Land cases filed at the High Court, and pending for hearing shall be transferred to the said court as may be directed by the Judge, if such cases are not partly heard by the court.
3. This appeal has not been heard in this court as parties have only filed written submissions. This court is not seized of the necessary jurisdiction to hear and determine the appeal. For those reasons, the appeal is transferred for hearing and determination to the Environment and Land Court.
The parties may proceed to take directions on the disposal of the Appeal before the Environment and Land Court(ELC) Judge on a date to be taken at the registry.
Dated, signed and delivered in open court this 14th day of April 2016
JANET MULWA
JUDGE