[2018] KEELC 2564 (KLR)
The Environment and Land Court lacks jurisdiction to determine disputes relating to matrimonial property and beneficial interests arising from marriage. Such matters fall within the exclusive purview of the Family Division of the High Court under section 17 of the Matrimonial Property Act, 2013. The applicant's...
Source-derived case information.
- Citation
- [2018] KEELC 2564 (KLR)
- Parties
- Applicant: M M M M; Respondent: J C G M
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 427 of 2017
- Procedural Posture
- Elc Appeal / Ruling on Jurisdiction and Amendment of Originating Summons
- Outcome
- Application dismissed for want of jurisdiction.
- Legal Topics
- Matrimonial Property, Beneficial Interest, Jurisdiction, Customary Marriage
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M M M M
Applicant
J C G M
Respondent
Procedural Posture
Elc Appeal / Ruling on Jurisdiction and Amendment of Originating Summons
Legal Issues
- 1 Whether the Environment and Land Court has jurisdiction to determine a matrimonial property dispute involving beneficial interest in land.
- 2 Whether the applicant could amend the originating summons without leave of the court.
Ratio Decidendi
The Environment and Land Court lacks jurisdiction to determine disputes relating to matrimonial property and beneficial interests arising from marriage. Such matters fall within the exclusive purview of the Family Division of the High Court under section 17 of the Matrimonial Property Act, 2013. The applicant's attempt to amend the originating summons without leave is procedurally irregular, but the fundamental issue is the court's lack of jurisdiction. The applicant must seek relief in the appropriate forum.
Court Disposition
Application dismissed for want of jurisdiction.
Orders
- The applicant is directed to move the Family Division of the High Court for a declaration as to her rights under section 17 of the Matrimonial Property Act, 2013.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
MILIMANI LAW COURTS
ELC APPEAL NO. 427 OF 2017
M M M M..............................................RESPONDENT
=VERSUS=
J C G M & 2 OTHERS.........................DEEFENDANT
RULING
1. The plaintiff/applicant filed an originating summons against the first defendant/respondent in which she seeks among other orders a declaration that she has a beneficial interest in LR No.NBI/ Block/ [particulars withheld]. The applicant is the wife of the first respondent. The two married under Kisii customary law in 1978 but they later solemnized their marriage at the Registrar’s office in Mombasa on 19th October 1992.
2. Before the originating summons could be heard, the applicant sought time to amend the originating summons. The applicant was granted time to file an application for leave to amend but instead of doing that, she proceeded to amend the originating summons without the court determining whether such amendments could be allowed. This notwithstanding, I have noticed that the applicant has brought in the issue of the first respondent having another wife of Congolese origin whom she claims wants to be registered as co-owner of LR No. NBI/Block/ [particulars withheld] which is in the name of the first respondent.
3. The dispute herein is purely a matrimonial dispute where the applicant wants declaratory orders as to her interest in the property currently registered in the first respondent’s name. This court lacks jurisdiction to entertain such a claim. Let the applicant move the Family Division of the High Court for a declaration as to her rights under section 17 of the Matrimonial Property Act of 2013.
It is so ordered
Dated, Signed and delivered at Nairobi on this 31st day of May 2018.
E.O.OBAGA
JUDGE
In the presence of;-
Applicant in person
Court Assistant: Hilda
E.O.OBAGA
JUDGE