[2017] KEHC 6983 (KLR)
The court determined that the appellant's counter-claim, which sought entitlement and transfer of land, converted the suit into a land matter. Since the appeal was filed after the Environment and Land Court Act came into operation, jurisdiction over such appeals lies with the Environment and Land Court....
Source-derived case information.
- Citation
- [2017] KEHC 6983 (KLR)
- Parties
- Appellant: Chrispin Kenyu Kangethe; Respondent: Ephantus Njiru Mbogo
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 19 of 2014
- Procedural Posture
- Civil Appeal / Ruling on Jurisdiction and Transfer
- Outcome
- Appeal transferred to the Environment and Land Court for disposal.
- Judges
- FN Muchemi
- Legal Topics
- Jurisdiction of Courts, Transfer of Suits, Land Ownership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Chrispin Kenyu Kangethe
Appellant
Ephantus Njiru Mbogo
Respondent
Procedural Posture
Civil Appeal / Ruling on Jurisdiction and Transfer
Legal Issues
- 1 Whether the High Court has jurisdiction to hear an appeal involving a land dispute after the enactment of the Environment and Land Court Act.
- 2 Whether the appeal should be transferred to the Environment and Land Court for determination.
Ratio Decidendi
The court determined that the appellant's counter-claim, which sought entitlement and transfer of land, converted the suit into a land matter. Since the appeal was filed after the Environment and Land Court Act came into operation, jurisdiction over such appeals lies with the Environment and Land Court. Consequently, the High Court lacks jurisdiction to hear the appeal, and the proper course is to transfer the matter to the Environment and Land Court for disposal.
Court Disposition
Appeal transferred to the Environment and Land Court for disposal.
Orders
- The appeal is hereby transferred to the Environment and Land Court for disposal.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CIVIL APPEAL NO. 19 OF 2014
(An appeal from the Judgment of the Resident Magistrate, Embu in PMCC No. 462 of 1994 dated 12/11/2008)
CHRISPIN KENYU KANGETHE………................…....APPELLANT
VERSUS
EPHANTUS NJIRU MBOGO....................................RESPONDENT
R U L I N G
I have perused the record of appeal and made the following observations:-
1. That this case was heard and determined by Hon. E.K. Nyutu on 12/11/2008.
2. That the plaintiff's claim was for general damages, declaration that parcel No. Kagaari/Weru/1168 belonged to the respondent among other orders.
3. That the appellant filed a counter-claim seeking for transfer of 12. 83 acres out of Kagaari/Weru/1168 and that the Executive officer signs all the relevant documents.
4. That the learned Magistrate dismissed the case which included both the respondent's claim and the appellant's counter-claim.
In view of these observations, I am of the considered opinion that the appellant's counter-claim converted the suit before the magistrate to a land matter. The counter-claim was for entitlement of 12. 80 acres for orders for transfer to him.
Section 26(4) of the Environment and Land Act (ELC) No. 19 of 2011 provides that appeals from a Magistrates court on land issues lie to the ELC court.
This appeal was filed in 2014 after the Act had come into operation. It falls within the jurisdiction of the ELC court.
The appeal is hereby transferred to ELC court for disposal.
DELIVERED, DATED AND SIGNED AT EMBU THIS 19TH DAY OF FEBRUARY, 2017.
F. MUCHEMI
JUDGE
In the presence of:-
P.N. Mugo for Respondent