[2022] KEHC 14657 (KLR)
The High Court determined that it lacked jurisdiction to hear and determine the application for leave to appeal out of time from a decision of the ELC Magistrate's Court. This is because the Constitution of Kenya, specifically Articles 162(2)(b) and 165, delineates the jurisdiction of the High Court and the...
Source-derived case information.
- Citation
- [2022] KEHC 14657 (KLR)
- Parties
- Applicant: Inticon Africa Limited; Applicant: Harish K. Patel; Respondent: George Philip Investment Limited t/a Rock Motel, Davis & Shirtliff Limited
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Case E112 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application struck out for want of jurisdiction
- Judges
- RE Aburili
- Legal Topics
- Jurisdiction of Courts, Leave to Appeal Out of Time, Environment and Land Court Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Inticon Africa Limited
Applicant
Harish K. Patel
Applicant
George Philip Investment Limited t/a Rock Motel, Davis & Shirtliff Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the High Court has jurisdiction to grant leave to appeal out of time from a decision of the ELC Magistrate's Court.
- 2 Whether the application for leave to appeal out of time was properly filed before the High Court.
Ratio Decidendi
The High Court determined that it lacked jurisdiction to hear and determine the application for leave to appeal out of time from a decision of the ELC Magistrate's Court. This is because the Constitution of Kenya, specifically Articles 162(2)(b) and 165, delineates the jurisdiction of the High Court and the Environment and Land Court (ELC) as courts of equal status, with the ELC having exclusive jurisdiction over matters relating to land and the environment. Article 165(5)(b) expressly bars the High Court from hearing disputes reserved for courts established under Article 162(2). As such, any appeal or application arising from the ELC Magistrate's Court must be filed before the ELC and...
Court Disposition
application struck out for want of jurisdiction
Orders
- The application dated 13/6/2022 is struck out for want of jurisdiction.
- No orders as to costs.
Full Case Text
Judgment text and source record
25 paragraphs
Inticon Africa Limited & another v George Philip Investment Limited t/a Rock Motel, Davis & Shirtliff Limited (Miscellaneous Civil Case E112 of 2022) [2022] KEHC 14657 (KLR) (3 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14657 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Case E112 of 2022
RE Aburili, J
November 3, 2022
Between
Inticon Africa Limited
1st Applicant
Harish K. Patel
2nd Applicant
and
George Philip Investment Limited t/a Rock Motel, Davis & Shirtliff Limited
Respondent
(Being an Application for leave to appeal out of time from Maseno SPM CC ELC 18/2018)
Ruling
1. From the pleadings in this file, it is apparent that the subject matter giving rise to this file arises from ELC Magistrate’s court at Maseno. An appeal or intended appeal from ELC Magistrate’s court can only be filed before the ELC superior court which has the same status as the High Court, and not before the High Court.
2. This is because jurisdiction of the two courts are expressly provided for under the Constitution at articles 162(2)(b) and 165 respectively.
3. Furthermore, article 165(5)(b) of the Constitution expressly bars the High Court from hearing and determining disputes which are exclusively reserved for the courts contemplated under article 162(2) of the Constitution and the Supreme Court.
4. For the above reasons, it is clear that this application for leave to appeal out of time from Maseno SPM CC ELC 18/2018 between George Philip Investment Limited T/A Rock Motel v Davis Shirtliff Limited, Inticon Africa Limited & Harsh K Patel is misplaced as this court is devoid of any jurisdiction to hear and determine appeals arising from Environment and Land Court subordinate courts.
5. The application dated June 13, 2022 is therefore found to be incompetently filed before this court and without jurisdiction, which is everything for any court of laws, this court can do no more than down its tools which I hereby do and strike out the application dated 13/6/2022 with no orders as to costs.
6. This file is accordingly closed.
7. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 3RD DAY OF NOVEMBER, 2022R.E. ABURILIJUDGE