[2016] KEHC 2738 (KLR)
The court held that, having dismissed the appeal, it was functus officio and therefore lacked jurisdiction to make any further orders, including the adoption of a report or orders for execution. The court emphasized that any issues regarding execution of the decree must be addressed to the court that issued the...
Source-derived case information.
- Citation
- [2016] KEHC 2738 (KLR)
- Parties
- Applicant: Enosokon Group Ranch; Respondent: Mukuyuini Farmers Co. Ltd; Objectors: Samwel Malakwen & 53 Others
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 11 of 2001
- Procedural Posture
- Civil Appeal / Ruling on Post Appeal Application
- Outcome
- application dismissed; court functus officio
- Judges
- MA Silau
- Legal Topics
- Functus Officio, Execution of Decree, Land Disputes Tribunal, Appeals Committee Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Enosokon Group Ranch
Applicant
Mukuyuini Farmers Co. Ltd
Respondent
Samwel Malakwen & 53 Others
Objectors
Procedural Posture
Civil Appeal / Ruling on Post Appeal Application
Legal Issues
- 1 Whether the appellate court can make further orders after dismissal of the appeal.
- 2 Whether the appellate court can adopt a report or make orders for execution after being functus officio.
Ratio Decidendi
The court held that, having dismissed the appeal, it was functus officio and therefore lacked jurisdiction to make any further orders, including the adoption of a report or orders for execution. The court emphasized that any issues regarding execution of the decree must be addressed to the court that issued the original decree, not the appellate court. As both the plaintiffs' and defendants' claims in the related suit had been dismissed, there was no remaining substratum for further orders. The court reiterated its position that its function in the matter was spent, save possibly for costs, and declined to entertain any further applications or adopt any reports.
Court Disposition
application dismissed; court functus officio
Orders
- The court is functus officio and cannot adopt any report or make orders for execution.
- Any matters of execution should be addressed to the court that issued the decree.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT NAKURU
CIVIL APPEAL NO. 11 OF 2001
ENOSOKON GROUP RANCH....................................APPLICANT
AND
MUKUYUINI FARMERS CO. LTD..........................RESPONDENT
VERSUS
SAMWEL MALAKWEN & 53 OTHERS...............OBJECTORS
RULING
1. I have perused this file and the file ELC 65/2013. This is an appeal arising from a decision of the Appeals Committee from a decision of the Land Disputes Tribunal. This Appeal was dismissed, and strictly speaking, save probably for costs, the function of this court is spent.
2. In the file ELC 65/2013, the plaintiffs’ case and the defendants’ counterclaim were both dismissed. There was an issue of a report to be adopted but my view of the matter was that since both the plaintiffs’ and defendants’ claims have been dismissed, there was no substratum upon which this court could make further orders.
3. I still hold that position .
4. This being an appeal file, the appeal having been dismissed, this court is functus officio. Matters of execution of the decree appealed from should be addressed to the court that issued the decree, not to the appellate court.
5. My position is that this court is functus officio and I am therefore not able to adopt any report or make orders for execution.
6. It is so directed.
Dated, signed and delivered in open court at Nakuru this 19th day of September 2016.
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
AT NAKURU
In presence of :-
Mr. Katithi for Respondents
Ms. M Njoroge for Appellants
Mr. Morintat for Objectors
CA: Janet
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
AT NAKURU