[2016] KEHC 7128 (KLR)
The court determined that, pursuant to the Chief Justice's practice directions (Gazette Notice No. 5178 of 2014), all cases relating to the environment and use, occupation, and title to land that have been filed at the High Court and where hearings are yet to commence must be transferred to the Environment and Land...
Source-derived case information.
- Citation
- [2016] KEHC 7128 (KLR)
- Parties
- Appellant: Jackson Waigwa Mundia; Respondent: Peter Maina Maingi
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 41 of 2015
- Procedural Posture
- Civil Appeal / Ruling on Transfer of Appeal to Environment and Land Court
- Outcome
- Appeal and application transferred to the Environment and Land Court.
- Judges
- JK Mulwa
- Legal Topics
- Use and Occupation of Land, Possession of Land, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackson Waigwa Mundia
Appellant
Peter Maina Maingi
Respondent
Procedural Posture
Civil Appeal / Ruling on Transfer of Appeal to Environment and Land Court
Legal Issues
- 1 Whether the High Court has jurisdiction to hear an appeal concerning use, occupation, and possession of land in light of the Chief Justice's practice directions.
- 2 Whether the appeal and related application should be transferred to the Environment and Land Court.
Ratio Decidendi
The court determined that, pursuant to the Chief Justice's practice directions (Gazette Notice No. 5178 of 2014), all cases relating to the environment and use, occupation, and title to land that have been filed at the High Court and where hearings are yet to commence must be transferred to the Environment and Land Court. Since the present appeal concerns use, occupation, and possession of land and had not yet been heard by the High Court, the court lacked jurisdiction to proceed. The appeal and the pending application were therefore transferred to the Environment and Land Court for hearing and determination.
Court Disposition
Appeal and application transferred to the Environment and Land Court.
Orders
- The appeal and the application dated 3rd June 2015 are transferred to the Environment and Land Court for hearing and determination.
- Parties to take a mention before the Environment and Land Court for directions at the registry on a priority basis.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CIVIL APPEAL NUMBER 41 OF 2015
JACKSON WAIGWA MUNDIA.................................................APPELLANT
VERSUS
PETER MAINA MAINGI...........................................................RESPONDENT
RULING
The appeal hereof arose from the Judgment of the Honourable P.O. Muholi, Resident Magistrate delivered on the 24th March 2015 inNyahururu PMCC No. 148 of 2013.
By an application dated 3rd June 2015 brought under Order 42 Rule 6 (1), (2) of the Civil Procedure Rules. The Appellant sought an order of stay of execution pending hearing and determination of the application interparties and thereafter hearing of the appeal filed herein.
On the 5th June 2015 the High Court (J Mshilla) granted an order of status quo pending the interparties hearing of the application.
When parties appeared before me on the 9th June 2015, they agreed to file written submissions and on the 29th July 2015, the court gave a ruling date on a date to be notified to the parties.
While in the process of preparing the ruling, I noticed that the appeal arose from Nyahururu PMCC No. 148 of 2013 where the subject matter was possession, use and occupation of land described as Stall No. 84 Nyahururu Bus Park within Nyahururu Town.
Directions issued on the 25th July 2014 by the Honourable the Chief Justice and Gazetted as Notice No. 5178 on proceedings relating to the Environment and Land Court and use and occupation of the title to land, Practice No. 5 – states:-
“that all cases relating to the Environment and use and occupation of and title to land which have been filed at the High Court and where hearing are yet to commence shall be transferred to the Environment and Land Court as directed by the Judge.”
As stated above, this appeal is yet to be heard by the High Court. It concerns use, occupation and possession of land. Pursuant to the above practice directions, this appeal and the application dated 3rd June 2015 is hereby transfered to the Environment and Land Court for hearing and determination.
Parties shall therefore take a mention before the ELC Court for directions at the registry on priority basis.
Dated, signed and delivered in open court this 28th day of January 2016
JANET MULWA
JUDGE