[2018] KEHC 1412 (KLR)
The High Court lacks jurisdiction to entertain matters whose genesis is within the purview of the Environment and Land Court. All resultant matters from Migori ELC No. 149 of 2017 must be dealt with by the Environment and Land Court. Consequently, any proceedings and orders previously made by the High Court in this...
Source-derived case information.
- Citation
- [2018] KEHC 1412 (KLR)
- Parties
- Applicant: Kennedy Ooko Jacob t/a SSEBO Intel & Co. Auctioneers; Respondent: Agricultural Finance Corporation
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 169 of 2018
- Procedural Posture
- Miscellaneous Application / Jurisdictional Objection
- Outcome
- Application struck out for want of jurisdiction; proceedings and orders set aside; matter transferred to Environment and Land Court.
- Judges
- AC Mrima
- Legal Topics
- Jurisdiction, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Ooko Jacob t/a SSEBO Intel & Co. Auctioneers
Applicant
Agricultural Finance Corporation
Respondent
Procedural Posture
Miscellaneous Application / Jurisdictional Objection
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine matters arising from Migori ELC No. 149 of 2017.
- 2 Whether the proceedings and orders made on 30/17/2018 should be set aside.
Ratio Decidendi
The High Court lacks jurisdiction to entertain matters whose genesis is within the purview of the Environment and Land Court. All resultant matters from Migori ELC No. 149 of 2017 must be dealt with by the Environment and Land Court. Consequently, any proceedings and orders previously made by the High Court in this matter are set aside, and the file is to be placed before the Environment and Land Court for further handling.
Court Disposition
Application struck out for want of jurisdiction; proceedings and orders set aside; matter transferred to Environment and Land Court.
Orders
- The High Court declines jurisdiction.
- Proceedings and orders made on 30/17/2018 are set aside.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
MISC. CIVIL APPLN. NO. 169 OF 2018
KENNEDY OOKO JACOB
t/a SSEBO INTEL & CO. AUCTIONEERS…......................APPLICANT
-versus-
AGRICULTURAL FINANCE CORPORATION..........…RESPONDENT
DIRECTIONS
1. Upon a careful consideration of the record it appears that the genesis of this application is Migori ELC NO. 149 of 2017. That being so, all resultant matters must be dealt with by the Environment and Land Court and not the High Court. (See Republic vs. Karisa Chengo & 2 others Petition No. 5 of 2015 (2017) eKLR).
2. Consequently, this Court declines jurisdiction and the proceedings and orders made on 30/17/2018 are hereby set-aside. The matter shall be placed before the Environment and Land Court for further dealing.
DELIVERED, DATEDand SIGNED at MIGORI this 11th day of December 2018.
A. C. MRIMA
JUDGE