[2014] KEHC 3664 (KLR)
The court found that the applicant's application to amend a decree issued by the Kimilili Senior Resident Magistrate's Court was misconceived, as any challenge or amendment to such a decree should be made before the court that issued it. The High Court lacks jurisdiction to amend a lower court's decree in the...
Source-derived case information.
- Citation
- [2014] KEHC 3664 (KLR)
- Parties
- Plaintiff: Clare Nasimiyu Wanjala; Defendant: Moses Wakwoma Kakoi; Defendant: Danson Simiyu Sitati; Defendant: The Land Registrar – Trans Nzoia; Defendant: The Attorney General
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Petition 15 of 2013
- Procedural Posture
- Constitutional Petition / Ruling on Interlocutory Application to Amend Decree
- Outcome
- application dismissed
- Judges
- EO Obaga
- Legal Topics
- Rectification of Title, Amendment of Decree, Jurisdiction of High Court, Land Exchange Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Clare Nasimiyu Wanjala
Plaintiff
Moses Wakwoma Kakoi
Defendant
Danson Simiyu Sitati
Defendant
The Land Registrar – Trans Nzoia
Defendant
The Attorney General
Defendant
Procedural Posture
Constitutional Petition / Ruling on Interlocutory Application to Amend Decree
Legal Issues
- 1 Whether the High Court can amend a decree issued by a lower court in the absence of demonstrated grounds.
- 2 Whether the applicant's application for amendment of decree is properly before the High Court.
- 3 Whether the reliefs sought in the application are clear and supported by the pleadings.
Ratio Decidendi
The court found that the applicant's application to amend a decree issued by the Kimilili Senior Resident Magistrate's Court was misconceived, as any challenge or amendment to such a decree should be made before the court that issued it. The High Court lacks jurisdiction to amend a lower court's decree in the absence of demonstrated grounds and a proper application before the issuing court. Furthermore, the application was unclear as to the reliefs sought, and the applicant's oral submissions differed from the written application, indicating a lack of understanding of the legal process. The substantive issues regarding rectification of title and the land dispute are to be addressed in the...
Court Disposition
application dismissed
Orders
- The application dated 23/10/2013 is dismissed with no order as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KITALE
PETITION NO. 15 OF 2013
CLARE NASIMIYU WANJALA.................................................PLAINTIFF
VERSUS
MOSES WAKWOMA KAKOI.........................................1ST DEFENDANT
DANSON SIMIYU SITATI..............................................2ND DEFENDANT
THE LAND REGISTRAR – TRANS NZOIA....................3RD DEFENDANT
THE ATTORNEY GENERAL.........................................4TH DEFENDANT
R U L I N G
1. This is a ruling in respect of an application dated 23/10/2013. the applicant is seeking to amend a decree issued on 17/8/2010 in Kimilili Senior Resident Magistrate's Court Land Case No. 7 of 2010.
2. The applicant had filed a Constitutional Petition through a lawyer in which she sought various reliefs. She later chose to act in person after which she filed this application. The Petition itself is clear as to the reliefs the applicant is seeking. However the application is not clear as to what relief the applicant wants. It is not clear how rectification of the decree will assist her. Her prayers before court during the hearing of the application were quite different from what she is seeking in the application. It is clear that the applicant does not understand what she wants. This is a problem common to litigants who opt to act in person in matters they know little about.
3. The decree she is seeking to have amended arises from Kimilili Senior Resident Magistrate's court Land case No. 7 of 2010. If there was any problem with that decree, the applicant should have made the application before that court which will then decide the same on merits. A higher court cannot order a decree in the lower court amended when there are no grounds shown for the same.
4. The applicant's application cannot be allowed in the circumstances. I have tried to understand the applicant's ultimate prayer to court. I have had to go through the petition she filed through a lawyer. Her problems started with an agreement in which she entered into a land exchange agreement with the first respondent Moses Wakwoma Kakoi. The applicant agreed to take the first respondent's land known as Bungoma Tongaren/552 and the first respondent agreed to take her land known as Elgon investments Estate Limited Milele Plot No. 664. The applicant occupied the Bungoma land for over 10 years after which the first respondent went back to re-claim it which he did. The applicant then went back to her land at Elgon Investments but found that the first respondent had transferred it to the second respondent Danson Sitati Simiyu. As per her submissions before court she has settled on her land Parcel No. 664 but the land is in the name of the second respondent. It is therefore clear from the Petition filed herein that she is seeking an order for rectification of title. This petition is yet to be heard. The applicant cannot therefore seek such orders through the application she filed which she seems not to understand as her prayers before the court during the hearing do not support her application. She will have to proceed with her petition which contains the reliefs she is seeking. The upshot of this is that her application lacks merit. The same is hereby dismissed with no order as to costs.
It is so ordered.
Dated, signed and delivered at Kitale on this 30th day of July, 2014.
E. OBAGA
JUDGE
COURT: Ruling delivered in the absence of the applicant. Court Clerk – Kassachoon.
E. OBAGA
JUDGE
30/7/2014