[2019] KEHC 3598 (KLR)
The High Court determined that it lacks jurisdiction to adjudicate the dispute concerning land within Kitale Municipality, as such matters fall within the exclusive jurisdiction of the Environment and Land Court. The existence of a pending suit in the Environment and Land Court involving the same parties and subject...
Source-derived case information.
- Citation
- [2019] KEHC 3598 (KLR)
- Parties
- Appellant: Kapsoen Estates Ltd; Appellant: Augustine K. Arap Cheruiyot; Respondent: David Kurgat
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Case 58 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Transfer of Suit
- Outcome
- matter transferred to the Environment and Land Court at Kitale
- Judges
- HK Chemitei
- Legal Topics
- Jurisdiction of Environment and Land Court, Transfer of Suit, Pending Related Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kapsoen Estates Ltd
Appellant
Augustine K. Arap Cheruiyot
Appellant
David Kurgat
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Transfer of Suit
Legal Issues
- 1 Whether the High Court has jurisdiction to determine the dispute relating to land within Kitale Municipality.
- 2 Whether the matter should be transferred to the Environment and Land Court for determination.
- 3 Whether issues regarding the merits of the appeal and security for the decree should be addressed in the proper forum.
Ratio Decidendi
The High Court determined that it lacks jurisdiction to adjudicate the dispute concerning land within Kitale Municipality, as such matters fall within the exclusive jurisdiction of the Environment and Land Court. The existence of a pending suit in the Environment and Land Court involving the same parties and subject matter further supports the transfer. The court therefore ordered the transfer of the matter to the Environment and Land Court at Kitale for determination, leaving all substantive issues, including those relating to the merits of the appeal and security for the decree, to be addressed by the proper forum.
Court Disposition
matter transferred to the Environment and Land Court at Kitale
Orders
- This matter is hereby transferred to the Environment and Land Court at Kitale for determination.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
MISC CIVIL CASE NO. 58 OF 2018
KAPSOEN ESTATES LTD................................................................1ST APPELLANT
AUGUSTINE K. ARAP CHERUIYOT............................................2ND APPELLANT
VERSUS
DAVID KURGAT..............................................................PLAINITFF/RESPONDENT
R U L I N G
1. The court has perused the Notice of Motion herein dated 26/11/2018. The same relate to the sale of land within Kitale Municipality. It seems the Respondent has obtained a decree against the applicant.
2. On the other hand the applicant has indicated that there is a pending suit namely Kitale Environment and Land Case No. 156 of 2015 Ethic & Anti Corruption Commission Versus Kapsoen Estates Ltd and Another. The same is yet to be determined.
3. Without going into the merits of application or otherwise it is my considered opinion that the proper court to adjudicate over this matter shall be the Land and Environment Court which in any event is seized with jurisdiction.
4. The question of the merits of the appeal, the deposit of the sum awarded or whether to provide alternative security as prayed by the applicant can be canvassed in the said court.
5. In the premises let this matter be and is hereby transferred to the Environment and Land Court here at Kitale for determination.
Delivered, signed and dated at Kitale this 3rd day of April 2019.
__________________
H.K. CHEMITEI
JUDGE
03/4/19
In the presence of;
Mr Wanyam holding brief for Samba for Respondent
No appearance for the Applicant
Court Assistant – Kirong
Ruling read in open court.