[2025] KEHC 5888 (KLR)

[2025] KEHC 5888 (KLR)

The High Court lacks jurisdiction to entertain applications or grant reliefs in disputes that fall within the exclusive mandate of the Environment and Land Court. Since the underlying dispute concerns land ownership, only the Environment and Land Court has the constitutional and statutory authority to determine such matters, including applications for leave to appeal. The application is therefore incompetent before this court and must be struck out for want of jurisdiction.

Citation
[2025] KEHC 5888 (KLR)
Parties
Applicant: Charles Korir; Respondent: Joseph Yator
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
7 May 2025
Case Number
Miscellaneous Civil Application E057 of 2025
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Outcome
Application struck out for want of jurisdiction.
Judges
JM Nang'ea
Legal Topics
Jurisdiction of Courts, Leave to Appeal Out of Time
Source Language
English
Land and Property Civil Procedure Jurisdiction of Courts Leave to Appeal Out of Time

Case Brief

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Parties

Charles Korir

Applicant

Joseph Yator

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether the High Court has jurisdiction to grant leave to appeal in a matter concerning land ownership.
  2. 2 Whether the application for leave to appeal out of time is properly before this court.

Ratio Decidendi

The High Court lacks jurisdiction to entertain applications or grant reliefs in disputes that fall within the exclusive mandate of the Environment and Land Court. Since the underlying dispute concerns land ownership, only the Environment and Land Court has the constitutional and statutory authority to determine such matters, including applications for leave to appeal. The application is therefore incompetent before this court and must be struck out for want of jurisdiction.

Court Disposition

Application struck out for want of jurisdiction.

Orders

  • The application is struck out.
  • No order as to costs.