[2016] KEHC 5350 (KLR)
The High Court lacks jurisdiction to hear and determine the application for reinstatement of the appeal because Parliament, through the Statute Law Miscellaneous Amendment Act No. 25 of 2015, amended Sections 15 and 16(2) of Cap 301 to provide that appeals from the Business Premises Rent Tribunal now lie to the...
Source-derived case information.
- Citation
- [2016] KEHC 5350 (KLR)
- Parties
- Appellant: Highway Dynamics Ltd; Respondent: Rumwe Farmers Co-op Society Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 455 of 2009
- Procedural Posture
- Civil Appeal / Application for Reinstatement of Dismissed Appeal
- Outcome
- Application dismissed for want of jurisdiction; matter referred to Environment and Land Court.
- Judges
- RE Aburili
- Legal Topics
- Jurisdiction of High Court, Appeals From Tribunal, Reinstatement of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Highway Dynamics Ltd
Appellant
Rumwe Farmers Co-op Society Ltd
Respondent
Procedural Posture
Civil Appeal / Application for Reinstatement of Dismissed Appeal
Legal Issues
- 1 Whether the High Court has jurisdiction to reinstate an appeal dismissed for want of prosecution from the Business Premises Rent Tribunal after statutory amendments.
- 2 Whether the application for reinstatement is properly before the High Court following the amendment to Cap 301.
Ratio Decidendi
The High Court lacks jurisdiction to hear and determine the application for reinstatement of the appeal because Parliament, through the Statute Law Miscellaneous Amendment Act No. 25 of 2015, amended Sections 15 and 16(2) of Cap 301 to provide that appeals from the Business Premises Rent Tribunal now lie to the Environment and Land Court. Since the application for reinstatement was filed after these amendments took effect, the High Court is divested of jurisdiction and cannot entertain the matter. The proper forum for further proceedings is the Environment and Land Court.
Court Disposition
Application dismissed for want of jurisdiction; matter referred to Environment and Land Court.
Orders
- The High Court declines jurisdiction to hear the application for reinstatement.
- The file is to be placed before the Environment and Land Court, Nairobi, for further directions/orders.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CIVIL APPEAL CASE NO.455 OF 2009
HIGHWAY DYNAMICS LTD …………………………….APPELLANT
VERSUS
RUMWE FARMERS CO-OP SOCIETY LTD………….RESPONDENT
RULING
This appeal arises from the decision of Mochache D.(Mrs) Chairman of Business Premises Rent Tribunal at Nairobi delivered on 31st July 2009 in Tribunal Case No. 486 of 2007 Nairobi. On 18th June 2015, the appeal was dismissed by Honourable Olga Sewe J for want of prosecution on the court’s own motion. The appellant now seeks to reinstate the dismissed appeal, by an application dated 13th January 2015 and filed on the same day. The application for reinstatement of the dismissed appeal, regrettably, is coming at a time when the High court has been divested of any jurisdiction to hear and determine appeals emanating from the Business Premises Rent Tribunal.
On 15th December 2015, after this appeal had been dismissed on 18th June 2015, Parliament enacted the Statute Law Miscellaneous Amendment Act No. 25 of 2015 which came into effect the same day of 15th December 2015. The said Act amended Section 15 and 16(2) of the Landlord and Tenant (Shops, Hotels and Catering Establishment ) Act Cap 301 of Laws of Kenya, which Sections provided for appeals from Business Premises Rent Tribunal to lie to the High Court, to the effect that such appeals would now lie to the Environment and Land Court.
With the Parliament having divested this court of any jurisdiction to hear and determine any appeals from Business Premises Rent Tribunal, and as application has come after such amendments to Cap 301 had taken effect, I find that I have no jurisdiction to hear and determine this application for reinstatement of the appeal and direct that the file be placed before the Environment and Land Court which has competent jurisdiction to hear and determine the matter before hand and the appeal subject matter. Accordingly, I down my tools and say no more thing. The matter shall be mentioned on 17th May 2016 before Environment and Land Court Nairobi for further directions/orders as the court may deem fit to make.
Dated, signed and pronounced in open court at Nairobi this 14th day of April 2016.
R.E. ABURILI
JUDGE