[2013] KEHC 886 (KLR)
The court found that the Provincial Land Disputes Appeals Committee, to which the matter was previously remitted, ceased to exist following the repeal of the Land Disputes Tribunals Act. As a result, the order made in the earlier judgment could not be implemented. The court exercised its power of review to rescind...
Source-derived case information.
- Citation
- [2013] KEHC 886 (KLR)
- Parties
- Appellant: Jonathan Rovi Lofia; Respondent: Mathias Makokha Munyanya
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 58 of 2008
- Procedural Posture
- Civil Appeal / Post Judgment Review Application
- Outcome
- Application for review allowed; previous order rescinded; matter to be heard by Environment and Land Court.
- Legal Topics
- Review of Judgment, Jurisdiction After Statutory Repeal, Remittal of Land Disputes, Environment and Land Court Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jonathan Rovi Lofia
Appellant
Mathias Makokha Munyanya
Respondent
Procedural Posture
Civil Appeal / Post Judgment Review Application
Legal Issues
- 1 Whether the High Court should review and rescind its previous order remitting the matter to the Provincial Land Disputes Appeals Committee, which no longer exists.
- 2 Whether the High Court should direct that the matter be heard by the Environment and Land Court following statutory changes.
Ratio Decidendi
The court found that the Provincial Land Disputes Appeals Committee, to which the matter was previously remitted, ceased to exist following the repeal of the Land Disputes Tribunals Act. As a result, the order made in the earlier judgment could not be implemented. The court exercised its power of review to rescind the previous order and directed that the matter be heard by the Environment and Land Court, which now has jurisdiction over such disputes under the new statutory framework. The application for review was therefore allowed to ensure the matter could proceed in accordance with the current law.
Court Disposition
Application for review allowed; previous order rescinded; matter to be heard by Environment and Land Court.
Orders
- Prayer 1 of the application is granted; the order referring the matter to the Provincial Land Disputes Appeals Committee is rescinded.
- The matter is to be heard by the Environment and Land Court.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CIVIL APPEAL NO. 58 OF 2008
JONATHAN ROVI LOFIA …………………..…………. APPELLANT
VERSUS
MATHIAS MAKOKHA MUNYANYA …….....……….. RESPONDENT
R U L I N G
Judgement in this matter was delivered on 24th November 2011 by Thuranira, J. on behalf of Lenaola, J. who had written the same. In the judgment, the judge, inter alia, ordered as follows –
“I will remit the same (appeal to the Appeals Committee)back to the Chairperson of the Committee, to constitute a different panel of the members to hear and resolve the disputed issues.”
Before the above order could be carried out, the Land Disputes Tribunals Act No. 18 of 1990 was repealed by the Environment and Land Court Act No. 19 of 2011. As a consequence the appellant Jonathan Rovi Kofia has filed this application dated 2nd March 2012 seeking the following orders.
That this Honourable court may be pleased to review the judgment delivered on 24th November 2011 and rescind the order referring this matter to the Chairperson, Western Provincial Land Disputes Appeals Committee to hear and resolve the disputed issues.
That this court do finalise the matter itself.
Costs of the application be provided for.
Since the law that created the Provincial Appeals Committee was repealed, that Committee does not exist anymore. In terms of the new law, the matter has to be dealt with by the Environment and Land Court or a magistrate’s court with jurisdiction on land matters.
I find merits in the application and allow the same. I grant prayer 1. I order that the matter be heard by the Environment and Land Court. The appellant’s/applicant’s counsel will place the matter for mentioned before that court on an appropriate date, for directions and further progress.
Dated and delivered at Kakamega this 28th day of November, 2013
George Dulu
J U D G E