[2023] KEHC 23389 (KLR)
The High Court determined that it lacks jurisdiction to hear and determine disputes relating to the occupation and use of land, as such jurisdiction is exclusively vested in the Environment and Land Court by Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act. The court cited...
Source-derived case information.
- Citation
- [2023] KEHC 23389 (KLR)
- Parties
- Applicant: Regina Kanja & 5 others; Respondent: Joyce Ncororo M’Kanake
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E096 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time and Stay of Judgment
- Outcome
- Application not determined on merits; matter transferred for want of jurisdiction.
- Judges
- TW Cherere
- Legal Topics
- Jurisdiction of Court, Eviction Orders, Stay of Execution, Leave to Appeal, Environment and Land Court Mandate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Regina Kanja & 5 others
Applicant
Joyce Ncororo M’Kanake
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time and Stay of Judgment
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain a dispute relating to occupation and use of land.
- 2 Whether the application for leave to appeal out of time and for stay of judgment can be entertained by this court.
Ratio Decidendi
The High Court determined that it lacks jurisdiction to hear and determine disputes relating to the occupation and use of land, as such jurisdiction is exclusively vested in the Environment and Land Court by Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act. The court cited the principle that jurisdiction is fundamental and without it, a court cannot proceed. Consequently, the court declined to entertain the application for leave to appeal out of time and for stay of judgment, and instead ordered the transfer of the matter to the Meru Environment and Land Court for directions and further orders.
Court Disposition
Application not determined on merits; matter transferred for want of jurisdiction.
Orders
- This matter is transferred to the Meru Environment and Land Court for directions and/or further orders.
Full Case Text
Judgment text and source record
22 paragraphs
Kanja & 5 others v M’Kanake (Miscellaneous Civil Application E096 of 2023) [2023] KEHC 23389 (KLR) (5 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23389 (KLR)
Republic of Kenya
In the High Court at Meru
Miscellaneous Civil Application E096 of 2023
TW Cherere, J
October 5, 2023
Between
Regina Kanja & 5 others
Applicant
and
Joyce Ncororo M’Kanake
Respondent
Ruling
1. This matter arises out of Maua CMCC No 184 of 2014 wherein the Respondent’s claim was for:1. Eviction order of Applicants from LR No Kiengu/Kanjoo/27852. A permanent injunction restraining the Applicants from interfering with Respondent’s from entering or in any way interfering with Respondent’s use and occupation of LR No Kiengu/Kanjoo/2785
2. By a judgment dated April 20, 2023, the court found the Respondent’s claim proved and directed that Applicants move from LR No Kiengu/Kanjoo/2785 within 60 days failure to which they would be removed forcefully.
3. By application dated August 30, 2023, Applicants seek leave to appeal the ruling out of time and for stay of the judgment pending the hearing and determination of the intended appeal
4. Respondent opposed the application on the grounds among others that this court has no jurisdiction to entertain this matter.
5. The jurisdiction to hear and determine disputes relating to the environment, use and occupation of and title to land is vested on the Environment and Land Court by Article 162(2)(b) of the Constitution of Kenya, 2010 and Section 13 of the Environment and Land Court Act and on the Magistrates Court by Section 9 of the Magistrates Courts Act.
6. By placing a dispute relating to occupation and use of land before this court, Applicants are asking the court to engage in matters that are beyond its jurisdiction. I echo Nyarangi JA in the case of TheOwners of the Motor Vessel Lilian 'S' v Caltex Kenya Limited(1989) KLR 1 that“………. jurisdiction is everything without it; a court has no power to make one more step. Where a court has no jurisdiction, there would be no basis for a continuation of proceedings pending other evidence. A court of law downs its tools in respect of the matter before it the moment it holds the opinion that it is without jurisdiction”.
7. In the end, this matter is transferred to the Meru Environment and Land Court for directions and/or further orders.
DATED IN MERU THIS 05 TH DAY OF OCTOBER 2023. WAMAE. T.W. CHEREREJUDGEAppearancesCourt Assistants - Kinoti/MuneneFor Applicants - Mr. Mageria for Kiautha Arithi & Co AdvocatesFor Respondent - Mr. Gikonyo for Gikonyo & Ngugi Advocates