[2017] KEHC 2684 (KLR)
The High Court determined that it lacks jurisdiction to hear and determine disputes concerning title to land by virtue of Article 162(2) of the Constitution, which confers exclusive jurisdiction on the Environment and Land Court for such matters. Since the appeal concerns title to land, the proper forum for its...
Source-derived case information.
- Citation
- [2017] KEHC 2684 (KLR)
- Parties
- Appellant: Jacob Oloo Ogut; Respondent: Caleb Gunde Ogut
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 1 of 2011
- Procedural Posture
- Civil Appeal / Ruling on Jurisdiction and Transfer
- Outcome
- Appeal transferred to the Environment and Land Court at Kisumu for hearing and disposal.
- Judges
- DAS Majanja
- Legal Topics
- Jurisdiction, Transfer of Proceedings, Title to Land
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Jacob Oloo Ogut
Appellant
Caleb Gunde Ogut
Respondent
Procedural Posture
Civil Appeal / Ruling on Jurisdiction and Transfer
Legal Issues
- 1 Whether the High Court has jurisdiction to determine disputes concerning title to land.
- 2 Whether the appeal should be transferred to the Environment and Land Court.
Ratio Decidendi
The High Court determined that it lacks jurisdiction to hear and determine disputes concerning title to land by virtue of Article 162(2) of the Constitution, which confers exclusive jurisdiction on the Environment and Land Court for such matters. Since the appeal concerns title to land, the proper forum for its determination is the Environment and Land Court. Consequently, the appeal is transferred to the Environment and Land Court at Kisumu for hearing and disposal.
Court Disposition
Appeal transferred to the Environment and Land Court at Kisumu for hearing and disposal.
Orders
- The appeal is transferred to the Environment and Land Court at Kisumu for hearing and disposal.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT KISUMU
CIVIL APPEAL NO. 1 OF 2011
BETWEEN
JACOB OLOO OGUT.....................................APPELLANT
AND
CALEB GUNDE OGUT...............................RESPONDENT
(Being an appeal from the Judgment and Decree of Hon.R.Oanda, RM dated 17th September 2009 at the Resident Magistrates Court at Tamu in Civil Case No. 27 of 2008)
RULING
1. This is an appeal from the judgment of the subordinate court granting the respondent vacant possession of the property known as KISUMU/SONGHOR/298.
2. This appeal concerns title to land hence this court has no jurisdiction to determine the same by virtue of Article 162(2) of the Constitution which gives exclusive jurisdiction on matters concerning land to the Environment and Land Court.
3. The appeal is therefore transferred to the Environment and Land Court at Kisumu for hearing and disposal.
DATEDandDELIVEREDatKISUMUthis30th day of October 2017.
D.S. MAJANJA
JUDGE