[2019] KEHC 44 (KLR)
The court held that it lacks jurisdiction to entertain the appeal as the dispute concerns possession or occupation of land, which falls under the exclusive original and appellate jurisdiction of the Environment and Land Court as provided by the Constitution and statute. Consequently, the appeal was summarily...
Source-derived case information.
- Citation
- [2019] KEHC 44 (KLR)
- Parties
- Appellant: Edward Orangi Ogolla; Respondent: Mathilda Achieng Oduor
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 18 of 2018
- Procedural Posture
- Civil Appeal / Ruling on Jurisdiction
- Outcome
- Appeal summarily rejected for want of jurisdiction.
- Judges
- RE Aburili
- Legal Topics
- Jurisdiction of Courts, Environment and Land Court, Appellate Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edward Orangi Ogolla
Appellant
Mathilda Achieng Oduor
Respondent
Procedural Posture
Civil Appeal / Ruling on Jurisdiction
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine disputes relating to possession or occupation of land.
- 2 Whether the appeal should be entertained or summarily rejected for want of jurisdiction.
Ratio Decidendi
The court held that it lacks jurisdiction to entertain the appeal as the dispute concerns possession or occupation of land, which falls under the exclusive original and appellate jurisdiction of the Environment and Land Court as provided by the Constitution and statute. Consequently, the appeal was summarily rejected for want of jurisdiction.
Court Disposition
Appeal summarily rejected for want of jurisdiction.
Orders
- The appeal is summarily rejected for want of jurisdiction.
- File closed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CIVIL APPEAL NO. 18 OF 2018
(CORAM: R. E. ABURILI - J.)
EDWARD ORANGI OGOLLA.............................................APPELLANT
- VERSUS -
MATHILDA ACHIENG ODUOR.....................................RESPONDENT
(Being an Appeal originating from Principal Magistrate’s Court, Ukwala vide Civil Case No. 56 of 2015 dated 11th October 2018 before Hon. G. Adhiambo, Senior Resident Magistrate)
RULING
1. I have considered the appeal herein. The Appeal herein is summarily rejected as the subject matter before the trial court and on appeal relates to possession/occupation of land which is outside the purview of this court.
2. Articles 162(2)(b), 165(5) (b) of the Constitution and Section 13 of the Land Act confer to the Environment and Land Court exclusive original and appellate jurisdiction in such matters and expressly bars the High Court from hearing and determining such disputes.
3. Accordingly, this appeal is summarily rejected for want of jurisdiction.
4. File closed, parties to be notified by the Registry.
Orders accordingly
Dated, signed and Delivered at Siaya this 31st Day of October 2019
R.E. ABURILI
JUDGE