[2018] KEELC 681 (KLR)
The court found that it lacked jurisdiction to entertain the application as it was framed for the High Court and not the Environment and Land Court. Additionally, the application was not supported by sufficient documents to enable the court to make necessary assumptions or determinations. The court held that even...
Source-derived case information.
- Citation
- [2018] KEELC 681 (KLR)
- Parties
- Defendant: Elifinias Jackson Ekim Omaido; Plaintiff: Robella Betty Ayode Omaido
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 13 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Jurisdiction and Sufficiency of Application
- Outcome
- application struck out for want of jurisdiction
- Judges
- FM Njoroge
- Legal Topics
- Jurisdiction of Court, Striking Out Applications, Procedural Irregularities
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elifinias Jackson Ekim Omaido
Defendant
Robella Betty Ayode Omaido
Plaintiff
Procedural Posture
Miscellaneous Application / Ruling on Jurisdiction and Sufficiency of Application
Legal Issues
- 1 Whether the Environment and Land Court has jurisdiction to entertain the application as framed.
- 2 Whether the application is supported by sufficient documents to enable the court make a determination.
Ratio Decidendi
The court found that it lacked jurisdiction to entertain the application as it was framed for the High Court and not the Environment and Land Court. Additionally, the application was not supported by sufficient documents to enable the court to make necessary assumptions or determinations. The court held that even the invocation of Article 159(2)(d) of the Constitution could not cure the fundamental defect of lack of jurisdiction. Consequently, the proceedings of 15th October 2018 were vacated and the application was struck out.
Court Disposition
application struck out for want of jurisdiction
Orders
- The proceedings of 15th October 2018 are vacated.
- The application dated 21/9/2018 is struck out for want of jurisdiction.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KITALE
MISC APPLICATION NO. 13 OF 2018
ELIFINIAS JACKSON EKIM OMAIDO...........................DEFENDANT
VERSUS
ROBELLA BETTY AYODE OMAIDO.................................PLAINTIFF
RULING
1. It has come to the attention of the court that according to the heading, the application dated 21/9/2018 was meant for the High Court from the time of institution. Further the applicant has not attached thereto sufficient supporting documents as would enable this court make assumptions that would enable it shut it, if it were necessary in the interests of justice of justice to do so, apply the spirit of Article 159 (2) (d) and turn a blind eye to the irregularity of which court it was meant for, and entertain the application. The proceedings of 15th October 2018 are therefore vacated. The application is hereby struck out as this court has no jurisdiction as to handle it is currently framed.
Dated, signed and delivered at Kitale on this 15thday of November, 2018.
MWANGI NJOROGE
JUDGE
15/11/2018
Coram
Before - Hon. Mwangi Njoroge Judge
Court Assistant: Picoty
Mr. Teti for applicant
N/A for the respondent
COURT
Ruling read in open court.
MWANGI NJOROGE
JUDGE
15/11/2018