[2018] KEHC 5620 (KLR)
The court found that since the provincial appeals land disputes committee no longer exists, the Environment and Land Court is the proper forum to hear and determine the pending appeal. The court also noted that the award from the tribunal had not yet been implemented, making it fair and just to allow the appeal to...
Source-derived case information.
- Citation
- [2018] KEHC 5620 (KLR)
- Parties
- Applicant: George Kiogora; Respondent: M’Mugambi M’Ringera & 5 Others
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 10 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application for Directions and Stay
- Outcome
- application allowed
- Legal Topics
- Land Disputes Appeals, Jurisdiction of Environment and Land Court, Stay of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Kiogora
Applicant
M’Mugambi M’Ringera & 5 Others
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application for Directions and Stay
Legal Issues
- 1 Whether the Environment and Land Court has jurisdiction to hear and determine an appeal previously filed before the disbanded provincial land disputes appeal committee.
- 2 Whether a stay of proceedings in Meru CMC LDT case No. 52 of 2009 should be granted pending the hearing and determination of the appeal.
Ratio Decidendi
The court found that since the provincial appeals land disputes committee no longer exists, the Environment and Land Court is the proper forum to hear and determine the pending appeal. The court also noted that the award from the tribunal had not yet been implemented, making it fair and just to allow the appeal to be heard on its merits. Consequently, the court ordered that the appeal be heard before it and granted a stay of further proceedings in the lower court case to prevent prejudice to the applicant.
Court Disposition
application allowed
Orders
- The appeal no. 113 of 2009 in the eastern provincial land disputes appeal committee is to be heard and determined before this court.
- A stay of further proceedings in Meru CMC LDT case No. 52 of 2009 is hereby issued.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
MISC ELC NO 10 OF 2017
GEORGE KIOGORA....................................................APPLICANT
VERSUS
M’MUGAMBI M’RINGERA & 5 OTHERS...........RESPONDENT
RULING
1. The application dated 10. 4.2017 seeks the following orders:
(i) For the court to give directions on how the applicant’s Appeal No. 113 of 2009 filed before the disbanded eastern provincial land disputes appeal committee will be heard and determined in terms of sections 30 and 31 of Environment and Land court Act.
(ii) That meanwhile this court be pleased to stay further proceedings in Meru CMC LDT case No. 52 of 2009.
(iii) That costs of this application be provided for.
2. The application is supported by the grounds on the face of the application and on the supporting affidavit of the applicant.
3. I have seen annexure GK iv, v and vi which are documents indicating that applicant did lodge an appeal with the land disputes tribunal.
4. The 1st respondent has sworn an affidavit on behalf of the other respondents. Nowhere in that replying affidavit do the respondents dispute the lodging of this appeal. What they aver is that the tribunal award was brought before the magistrate’s court for adoption and execution. Execution stalled because applicant herein was not ready to sign the necessary documents.
5. The application was to be heard by way of submissions which submissions have duly been filed by the applicant but not by the respondent.
6. Since the provincial appeals Land disputes committee is no longer in existence then this court is the proper forum to hear the matter. Considering that the award has not yet been implemented, then it is fair and just that the appeal be heard on its merits.
7. I therefore allow the application of 21. 11. 2017 in the following terms;
(i) It is hereby ordered that the appeal no. 113 of 2009 in the eastern provincial land disputes appeal committee is to be heard and determined before this court.
(ii) A stay of further proceedings in Meru CMC 2 DT case No. 52 of 2009 is hereby issued.
(iii) No orders as to costs.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 23RD DAY OF MAY, 2018 IN THE PRESENCE OF:-
Court Assistant:Janet/Galgalo
Munga for applicant present
Gikunda for respondent absent
Applicant present
Respondent absent
HON. LUCY. N. MBUGUA
ELC JUDGE