[2017] KEELC 1416 (KLR)
The court found that the appeal was not properly filed because it had not been heard and determined by the Provincial Appeals Committee, which is a prerequisite for an appeal to the Environment and Land Court. The repeal of the Land Disputes Tribunal’s Act rendered the Tribunal defunct, and thus, the court lacked...
Source-derived case information.
- Citation
- [2017] KEELC 1416 (KLR)
- Parties
- Appellant: Esther Muumbi Kwenga; Respondent: Edward Nyaga Munyambu
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 83 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Withdrawal of Appeal
- Outcome
- Appeal withdrawn and file removed from pending civil appeals list.
- Judges
- FM Njoroge
- Legal Topics
- Appeal Procedure, Jurisdiction of Court, Withdrawal of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Muumbi Kwenga
Appellant
Edward Nyaga Munyambu
Respondent
Procedural Posture
Civil Appeal / Ruling on Withdrawal of Appeal
Legal Issues
- 1 Whether the appeal was properly before the court in the absence of a prior determination by the Provincial Appeals Committee.
- 2 Whether the court has jurisdiction to hear the appeal given the repeal of the Land Disputes Tribunal’s Act.
Ratio Decidendi
The court found that the appeal was not properly filed because it had not been heard and determined by the Provincial Appeals Committee, which is a prerequisite for an appeal to the Environment and Land Court. The repeal of the Land Disputes Tribunal’s Act rendered the Tribunal defunct, and thus, the court lacked jurisdiction to entertain the appeal in its current form. Consequently, the court granted the appellant's request to withdraw the appeal and ordered the file removed from the list of pending civil appeals.
Court Disposition
Appeal withdrawn and file removed from pending civil appeals list.
Orders
- The withdrawal of the appeal is granted.
- The file is removed from the list of pending Civil Appeals.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC CIVIL APPEAL CASE NO 83 OF 2017
FORMERLY MERU ELC CIVIL APPEAL CASE NO.67 OF 2013
ESTHER MUUMBI KWENGA............................................APPELLANT
VERSUS
EDWARD NYAGA MUNYAMBU.....................................RESPONDENT
RULING
1. Mr. Mutunga, holding brief for E. Kimathi, for the appellant told the court that the respondent had written a letter dated 15th October, 2017 intimating withdrawal of the suit. He felt that the court was not the right forum to hear this matter as it had not been heard by the Embu Provincial Appeals Tribunal before the Tribunal was rendered defunct by the repeal of the Land Disputes Tribunal’s Act.
2. Mr. Mutunga, holding brief for the respondent’s advocate, told the court that the respondent was not opposed to the intimated withdrawal.
3. I agree that an appeal to this court can only be brought on a point of law after a case has been heard and determined by the Provincial Appeals Committee. This is not the case here.
4. I find that this Appeal is not properly filed in this court. The intimated withdrawal is granted.
5. It is ordered that this file be removed from the list of pending Civil Appeals.
6. It is so ordered.
Delivered in open court at Chuka this 17th day of October, 2017 in the presence of:
CA: Ndegwa
Mutunga h/b E. Kimathi for the Respondent
John Murithi M’Kwenga for the Appellant
P.M. NJOROGE
JUDGE