[2024] KEHC 2077 (KLR)
The High Court determined, upon reviewing the plaint and defence, that it lacked jurisdiction to hear the appeal. The subject matter falls within the jurisdiction of the Environment and Land Court. Consequently, the matter was erroneously allocated to the High Court and must be transferred to the appropriate court...
Source-derived case information.
- Citation
- [2024] KEHC 2077 (KLR)
- Parties
- Appellant: Edward Mbuku Kariuki; Respondent: Kenya Power And Lighting Co Ltd
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E36 of 2022
- Procedural Posture
- Civil Appeal / Directions
- Outcome
- Matter referred to Deputy Registrar for transfer to Environment and Land Court due to lack of jurisdiction.
- Judges
- HK Chemitei
- Legal Topics
- Jurisdiction, Court Transfer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edward Mbuku Kariuki
Appellant
Kenya Power And Lighting Co Ltd
Respondent
Procedural Posture
Civil Appeal / Directions
Legal Issues
- 1 Whether the High Court has jurisdiction to determine the subject matter of the appeal.
- 2 Whether the matter should be heard by the Environment and Land Court.
Ratio Decidendi
The High Court determined, upon reviewing the plaint and defence, that it lacked jurisdiction to hear the appeal. The subject matter falls within the jurisdiction of the Environment and Land Court. Consequently, the matter was erroneously allocated to the High Court and must be transferred to the appropriate court for determination.
Court Disposition
Matter referred to Deputy Registrar for transfer to Environment and Land Court due to lack of jurisdiction.
Orders
- The matter is referred to the Deputy Registrar for allocation to the Environment and Land Court.
- The case was erroneously allocated to the High Court.
Full Case Text
Judgment text and source record
17 paragraphs
Kariuki v Kenya Power and Lighting Co Ltd (Civil Appeal E36 of 2022) [2024] KEHC 2077 (KLR) (29 February 2024) (Directions)
Neutral citation: [2024] KEHC 2077 (KLR)
Republic of Kenya
In the High Court at Mombasa
Civil Appeal E36 of 2022
HK Chemitei, J
February 29, 2024
Between
Edward Mbuku Kariuki
Appellant
and
Kenya Power And Lighting Co Ltd
Respondent
Directions
1. The court has perused the appeal herein and in particular the contents of the plaint and the defence at the trial court and it is of the considered opinion that it has no jurisdiction to determine the same.
2. In view of this fact this matter is hereby referred to the Deputy Registrar who shall allocate it to the Environment and Land Court. In essence it was erroneously allocated to this court.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 29TH DAY OF FEBRUARY 2024. H K CHEMITEIJUDGE