[2011] KEHC 606 (KLR)
The court found that since there was already a judgment entered by the Kerugoya Principal Magistrate's court in LDT No. 12/2009, the applicant could not appeal to the Provincial Land Disputes Appeals Committee. The proper forum for any appeal was the High Court. Additionally, there was nothing pending before the...
Source-derived case information.
- Citation
- [2011] KEHC 606 (KLR)
- Parties
- Applicant: Kagunyuu Murigu; Respondent: Paul Njagi Kagunyuu; Respondent: Samuel Murigu Kagunyuu
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 169 of 2011
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal and Transfer
- Outcome
- application dismissed
- Legal Topics
- Extension of Time, Appeals Process, Jurisdiction of Land Disputes Tribunals, Transfer of Cases
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kagunyuu Murigu
Applicant
Paul Njagi Kagunyuu
Respondent
Samuel Murigu Kagunyuu
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal and Transfer
Legal Issues
- 1 Whether the applicant is entitled to leave to file an appeal to the Provincial Land Disputes Appeal Committee against the award and judgment in Kerugoya LDT No. 12/2009.
- 2 Whether the court can enlarge time for filing such an appeal.
- 3 Whether the court can transfer the case to Nyeri.
Ratio Decidendi
The court found that since there was already a judgment entered by the Kerugoya Principal Magistrate's court in LDT No. 12/2009, the applicant could not appeal to the Provincial Land Disputes Appeals Committee. The proper forum for any appeal was the High Court. Additionally, there was nothing pending before the court that could be transferred to Nyeri. Therefore, the application for leave to appeal to the Provincial Land Disputes Appeals Committee, for enlargement of time, and for transfer of the case was dismissed in its entirety.
Court Disposition
application dismissed
Orders
- The application dated 29/8/2011 is dismissed.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
MISC. CIVIL APPLICATION NO. 169 OF 2011
KAGUNYU MURIGU….…………………… ………..APPLICANT
VERSUS
PAUL NJAGI KAGUNYU….….………………1ST RESPONDENT
SAMUEL MURIGU KAGUNYU………………2ND RESPONDENT
R U L I N G
This is the Applicant’s application Notice of Motion dated 29/8/2011. It’s brought under Section 95 of the Civil Procedure Act and Order 50 Rule 6 of the Civil Procedure Rules. It’s supported by grounds on the face of the application. The orders the Applicant are leave to file an appeal to the Provincial Land Disputes Appeal Committee against the award dated 23/10/2008 and Judgment entered by the Kerugoya SPM’s court vide LDT No. 12/2009. He wants time enlarged for him to file appeal.
The Applicant is hereby advised that there is a judgment of the court in Kerugoya LDT No. 12/2009. He cannot therefore file an appeal before the Land Disputes Appeals Committee. He should file an Appeal in the High Court if aggrieved by the judgment of the Kerugoya Principal Magistrate’s court. He also asks for transfer of the case to Nyeri. There is nothing for this court to transfer.
In the circumstances the Application dated 29/8/2011 is dismissed.
DATED, DELIVERED AND SIGNED AT EMBU THIS 18TH DAY OF NOVEMBER 2011.
H. I. ONG’UDI
JUDGE