[2014] KEHC 4848 (KLR)
The court determined that the dispute concerns land allocation and occupation, which falls squarely within the jurisdiction of the Environment and Land Court. Consequently, the High Court's Civil Division lacks jurisdiction to hear and determine the matter. To ensure proper adjudication, the case must be transferred...
Source-derived case information.
- Citation
- [2014] KEHC 4848 (KLR)
- Parties
- Appellant: Harun Thui Mbuteti; Respondent: Municipal Council of Mombasa; Respondent: Daniel Baidi Mwanza
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 9 of 2011
- Procedural Posture
- Civil Appeal / Ruling on Jurisdiction and Transfer
- Outcome
- Transferred to Environment and Land Court.
- Judges
- MM Kasango
- Legal Topics
- Allocation of Land, Injunctions, Jurisdiction Transfer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Harun Thui Mbuteti
Appellant
Municipal Council of Mombasa
Respondent
Daniel Baidi Mwanza
Respondent
Procedural Posture
Civil Appeal / Ruling on Jurisdiction and Transfer
Legal Issues
- 1 Whether the High Court Civil Division has jurisdiction over the land dispute in question.
- 2 Whether the matter should be transferred to the Environment and Land Court.
Ratio Decidendi
The court determined that the dispute concerns land allocation and occupation, which falls squarely within the jurisdiction of the Environment and Land Court. Consequently, the High Court's Civil Division lacks jurisdiction to hear and determine the matter. To ensure proper adjudication, the case must be transferred to the appropriate division, namely the Environment and Land Court at Mombasa.
Court Disposition
Transferred to Environment and Land Court.
Orders
- This matter is transferred to the Land Division (Environment and Land Court) of the High Court at Mombasa.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
HIGH COURT OF KENYA
AT MOMBASA
CIVIL APPEAL NO. 9 OF 2011
HARON THUI MBUTETI………..........................................................PLAINTIFF
-V E R S U S-
1. MUNICIPAL COUNCIL OF MOMBASA ………………...1ST DEFENDANT
2. DANIEL BAIDI MWANZA …………………………..….. 2ND DEFENDANT
RULING
HARUN THUI MBUTETI filed case Mombasa CMCC No. 2169 of 2000. His claim was that he was allocated Plot 187 Mikindani by the then Municipal Council of Mombasa, the 1st Defendant and that Daniel Baidi Mwawaza had entered the said Plot and deprived him the use of that Plot. He prayed for injunction against both Defendants to restrain both Defendants from constructing on that Plot.
He was unsuccessful before the Chief Magistrate’s Court and has now filed this appeal.
From the above it is clear that this matter is a land matter and ought to go to the Environmental and Land Division Court of Mombasa. Accordingly I do hereby transfer this matter to the Land Division of this Court.
Orders accordingly.
DATED and DELIVERED at MOMBASA this 5TH day of JUNE, 2014.
MARY KASANGO
JUDGE