[2017] KEHC 5507 (KLR)
The High Court determined that the subject matter of the appeal concerns land, which by law falls under the exclusive jurisdiction of the Environment and Land Court. Consequently, the High Court lacks jurisdiction to hear and determine the matter. To cure the jurisdictional defect and ensure proper adjudication, the...
Source-derived case information.
- Citation
- [2017] KEHC 5507 (KLR)
- Parties
- Appellant: Fredrick Ngao; Respondent: Peter Nzuki
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 261 of 2014
- Procedural Posture
- Civil Appeal / Directions on Jurisdiction and Transfer
- Outcome
- Matter transferred to the Environment and Land Court for determination.
- Judges
- BC Koech
- Legal Topics
- Jurisdiction Transfer, Environment and Land Court, Civil Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Ngao
Appellant
Peter Nzuki
Respondent
Procedural Posture
Civil Appeal / Directions on Jurisdiction and Transfer
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine a land matter that falls within the mandate of the Environment and Land Court.
- 2 Whether the appeal should be transferred to the Environment and Land Court for determination.
Ratio Decidendi
The High Court determined that the subject matter of the appeal concerns land, which by law falls under the exclusive jurisdiction of the Environment and Land Court. Consequently, the High Court lacks jurisdiction to hear and determine the matter. To cure the jurisdictional defect and ensure proper adjudication, the court ordered the transfer of the appeal to the Environment and Land Court for final determination.
Court Disposition
Matter transferred to the Environment and Land Court for determination.
Orders
- The order reserving the matter for ruling is vacated.
- The matter is transferred to the Environment and Land Court for final determination.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
CIVIL APPEAL CASE NO. 261 OF 2014
FREDRICK NGAO ...........................................................PLAINTIFF
VERSUS
PETER NZUKI .............................................................DEFENDANT
DIRECTIONS
1. I have perused the record of Appeal and note that the subject matter involves land which should be canvassed before the Environment and Land Court.
2. In the premises, the order reserving this matter for ruling is vacated and is substituted with an order that this matter be and is herby transferred to the Environment and Land Court for final determination. The same to be mentioned before the Hon. Justice Angote on the 22nd May, 2017 for directions and further orders.
Dated at MACHAKOS this 16th day of MAY 2017.
D. K. KEMEI
JUDGE
In the presence of:
Langalanga for Amtala for Appellant.
C/A: Kituva.