[2003] KEHC 736 (KLR)
The High Court held that the Land Dispute Tribunal does not have the power to grant injunctions, and the amendment to section 12 of the Land Dispute Act only affects the jurisdiction of Magistrates, not the High Court. Therefore, the High Court retains jurisdiction to hear and determine applications for injunctions...
Source-derived case information.
- Citation
- [2003] KEHC 736 (KLR)
- Parties
- Plaintiff: Monica Nekesa Makokha (Suing as an Administrator of the Estate of Pancras Tobias Makokha (Deceased)); Respondent: Dominic Murunga Wanga
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 112 of 2003
- Procedural Posture
- Civil Case / Ruling on Preliminary Objection Regarding Jurisdiction
- Outcome
- Preliminary objection dismissed with costs to the plaintiff. The High Court has jurisdiction to hear the application for injunction.
- Legal Topics
- Injunctions, Jurisdiction of High Court, Land Disputes, Land Disputes Tribunal Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Monica Nekesa Makokha (Suing as an Administrator of the Estate of Pancras Tobias Makokha (Deceased))
Plaintiff
Dominic Murunga Wanga
Respondent
Procedural Posture
Civil Case / Ruling on Preliminary Objection Regarding Jurisdiction
Legal Issues
- 1 Whether the High Court has jurisdiction to grant an injunction in a land dispute where the Land Dispute Tribunal is alleged to have jurisdiction.
- 2 Whether the Land Dispute Tribunal has the power to grant injunctions.
Ratio Decidendi
The High Court held that the Land Dispute Tribunal does not have the power to grant injunctions, and the amendment to section 12 of the Land Dispute Act only affects the jurisdiction of Magistrates, not the High Court. Therefore, the High Court retains jurisdiction to hear and determine applications for injunctions in land disputes. The preliminary objection raised by the respondent, challenging the court's jurisdiction, was dismissed with costs to the plaintiff. The court clarified that only the High Court can grant the injunctive relief sought in this matter.
Court Disposition
Preliminary objection dismissed with costs to the plaintiff. The High Court has jurisdiction to hear the application for injunction.
Orders
- The preliminary objection is dismissed with costs to the plaintiff.
- The matter may proceed to be argued on the merits of the application.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
H.C.CIVIL CASE NO.112 OF 2003
MONICA NEKESA MAKOKHA (Suing as an Administrator of the Estate of PANCRAS TOBIAS MAKOKHA (Deceased )……………………………………. PLAINTIFF
VERSUS
DOMINIC MURUNGA WANGA …………….. RESPONDENT
RULING
The Applicant by her chamber Summons of the 6th February 2003 applies for an injunction to restrain the Defendant from using, wasting, alienating, selling, damaging, disposing or transferring the suit premises pending the determination of this suit.
The Defendant objects to the order being sought on the grounds that this court has no jurisdiction to deal with, in the matter as the dispute between the parties falls with the provisions of section 3(1) of the Land Dispute Act. (The Act). The relief sought in the plaint is for the said injunction and for an order that an account I am not concerned with that relief at present but only the question of the jurisdiction of this Court.
In the first instance the Land Dispute Tribunal has no power to grant an injunction. Secondly the Amendment of section 12 of the Act only relates to the jurisdiction of the Magistrates conferred on them by the Magistrate’s Courts Act. This court therefore has jurisdiction to deal with this matter and indeed is the only forum where the question of an injunction can be dealt with.
I therefore dismiss the preliminary point with costs to the Plaintiff. The matter can not he argued on the merits of the application.
Dated and delivered at Nairobi this ……day of ………..2003 P.J. RANSLEY JUDGE