[2017] KEELC 1503 (KLR)

[2017] KEELC 1503 (KLR)

The court determined that it lacked jurisdiction to hear the appeal because the Provincial Appeals Committee, to which the appeal had been lodged, became defunct following the repeal of the Land Disputes Tribunals Act before the appeal was heard and finalized. As a result, there was no valid appeal properly before...

Source-derived case information.

Citation
[2017] KEELC 1503 (KLR)
Parties
Plaintiff: John Munugu Mbaya; Defendant: Grace Mwatha Mukembu
Court
Environment and Land Court
Court Station
Environment and Land Court at Chuka
Jurisdiction
Kenya
Case Number
Civil Appeal 80 of 2017
Procedural Posture
Civil Appeal / Ruling on Jurisdiction
Outcome
Appeal struck out for want of jurisdiction.
Judges
FM Njoroge
Legal Topics
Land Disputes Tribunal, Jurisdiction, Appeals Process
Source Language
en
Land and Property Land Disputes Tribunal Jurisdiction Appeals Process

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

John Munugu Mbaya

Plaintiff

Grace Mwatha Mukembu

Defendant

Procedural Posture

Civil Appeal / Ruling on Jurisdiction

Legal Issues

  1. 1 Whether the court has jurisdiction to hear an appeal from the defunct Provincial Appeals Committee where the appeal was not finalized before the repeal of the Land Disputes Tribunals Act.
  2. 2 Whether an appeal can be properly filed in the absence of a finalized decision by the Provincial Appeals Committee.

Ratio Decidendi

The court determined that it lacked jurisdiction to hear the appeal because the Provincial Appeals Committee, to which the appeal had been lodged, became defunct following the repeal of the Land Disputes Tribunals Act before the appeal was heard and finalized. As a result, there was no valid appeal properly before the court. The court emphasized that appeals to the Environment and Land Court from the defunct Provincial Appeals Committees are only permissible on points of law and only where the Appeals Committee had rendered a decision prior to its dissolution. Since this was not the case, the court ordered the file to be removed from the list of pending appeals.

Court Disposition

Appeal struck out for want of jurisdiction.

Orders

  • This file should be removed from the list of pending appeal cases.