[2020] KEHC 2187 (KLR)
The High Court lacks jurisdiction to hear and determine appeals arising from the Co-operative Tribunal where the subject matter is a dispute relating to land. Such matters fall within the exclusive jurisdiction of the Environment and Land Court under Section 13 of the Environment and Land Court Act. Consequently,...
Source-derived case information.
- Citation
- [2020] KEHC 2187 (KLR)
- Parties
- Appellant: Margaret Wanjiru Ndungu (As Administrator of the Estate of the late Peter Kanari Kabati); Respondent: Kiamumbi Farmers Co-operative Society Limited; Respondent: Kiamumbi Multipurpose Co-operative Society Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 653 of 2016
- Procedural Posture
- Civil Appeal / Jurisdictional Determination and Transfer Order
- Outcome
- Appeal transferred to the Environment and Land Court for hearing and determination due to lack of jurisdiction.
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Jurisdiction of Courts, Transfer of Proceedings, Land Disputes, Cooperative Societies
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Wanjiru Ndungu (As Administrator of the Estate of the late Peter Kanari Kabati)
Appellant
Kiamumbi Farmers Co-operative Society Limited
Respondent
Kiamumbi Multipurpose Co-operative Society Limited
Respondent
Procedural Posture
Civil Appeal / Jurisdictional Determination and Transfer Order
Legal Issues
- 1 Whether the High Court has jurisdiction to hear an appeal relating to a land dispute arising from the Co-operative Tribunal.
- 2 Whether the appeal should be transferred to the Environment and Land Court in accordance with the Environment and Land Court Act.
Ratio Decidendi
The High Court lacks jurisdiction to hear and determine appeals arising from the Co-operative Tribunal where the subject matter is a dispute relating to land. Such matters fall within the exclusive jurisdiction of the Environment and Land Court under Section 13 of the Environment and Land Court Act. Consequently, the appeal is transferred to the Environment and Land Court for hearing and determination.
Court Disposition
Appeal transferred to the Environment and Land Court for hearing and determination due to lack of jurisdiction.
Orders
- The appeal is transferred to the Environment and Land Court for hearing and determination.
- The Deputy Registrar shall facilitate the transfer of the record to the Environment and Land Court.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL APPEAL NO. 653 OF 2016
MARGARET WANJIRU NDUNGU
As Administrator of the Estate of the late Peter Kanari Kabati .................APPELLANT
VERSUS
KIAMUMBI FARMERS CO-OPERTIVE
SOCIETY LIMITED ............................................................................1ST RESPONDENT
KIAMUMBI MULTIPURPOSE CO-OPERATIVE
SOCIETY LIMITED .......................................................................... 2ND RESPONDENT
(Being an Appeal from the Judgment and Decree of the Hon. Chairman and Members of the Co-operative Tribunal delivered on 27th September, 2016)
DIRECTIONS
This court set todays date for the judgment of this appeal. However, when I retired to prepare the judgment herein I noted the claim set out in the statement of claim dated 18th May, 2015 related to a dispute involving a piece of land described as plot 693-B. The claimant sought an allotment of an alternative plot of land in place of the said plot or a monetary compensation of the current value. It is clear therefore that this is a dispute relating to land that falls under the provisions of Environment and Land Court Act. No. 19 of 2011.
The appeal from the Tribunal should therefore have been lodged and heard by the ELC in accordance with Section 13 of the said Act.
Accordingly, I declare lack of jurisdiction and transfer this appeal to the ELC for hearing and determination. The Deputy Registrar shall facilitate the transfer of this record to the said court.
Dated and delivered at Nairobi this 15th day of October, 2020.
A.MBOGHOLI MSAGHA
JUDGE