[2025] KEHC 8309 (KLR)

[2025] KEHC 8309 (KLR)

The High Court has no jurisdiction to entertain appeals concerning disputes over title to and occupation of land, as such jurisdiction is exclusively vested in the Environment and Land Court by Articles 162(2) and 165(5) of the Constitution and the Environment and Land Court Act. The dispute in question concerns ownership and occupation of a dwelling house, which is a matter of land. As the appeal was filed in a court without jurisdiction, the only lawful course is to strike out the appeal as incompetent. The court cannot transfer the matter to the proper court, as it is not competent to do so. Costs are awarded to the respondent for being brought before a court lacking jurisdiction.

Citation
[2025] KEHC 8309 (KLR)
Parties
Appellant: Michael Maranga Kunyori; Respondent: Josephine Mukami Nderu
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
13 June 2025
Case Number
Civil Appeal E1187 of 2024
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal struck out for want of jurisdiction.
Judges
WM Musyoka
Legal Topics
Jurisdiction of Courts, Title to Land, Occupation of Land, Striking Out Incompetent Suits
Source Language
English
Land and Property Civil Procedure Jurisdiction of Courts Title to Land Occupation of Land Striking Out Incompetent Suits

Case Brief

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Parties

Michael Maranga Kunyori

Appellant

Josephine Mukami Nderu

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the High Court has jurisdiction to hear an appeal concerning title to and occupation of land under Articles 162(2) and 165(5) of the Constitution.
  2. 2 Whether the appeal should be struck out for want of jurisdiction.

Ratio Decidendi

The High Court has no jurisdiction to entertain appeals concerning disputes over title to and occupation of land, as such jurisdiction is exclusively vested in the Environment and Land Court by Articles 162(2) and 165(5) of the Constitution and the Environment and Land Court Act. The dispute in question concerns ownership and occupation of a dwelling house, which is a matter of land. As the appeal was filed in a court without jurisdiction, the only lawful course is to strike out the appeal as incompetent. The court cannot transfer the matter to the proper court, as it is not competent to do so. Costs are awarded to the respondent for being brought before a court lacking jurisdiction.

Court Disposition

Appeal struck out for want of jurisdiction.

Orders

  • The appeal is struck out for being incompetent, having been filed before a court without jurisdiction.
  • The respondent is awarded costs of the appeal.