[2022] KEHC 1519 (KLR)
The court determined that it had no jurisdiction to hear and determine the appeal as the underlying dispute concerned title to land, a matter reserved for the Environment and Land Court under the Constitution and the Environment and Land Court Act. The court further noted that the cause of action had been overtaken...
Source-derived case information.
- Citation
- [2022] KEHC 1519 (KLR)
- Parties
- Appellant: Martin Ohayo Odus; Respondent: Barrack Owino Odus
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E004 of 2022
- Procedural Posture
- Civil Appeal / Ruling on Jurisdiction and Striking Out of Appeal
- Outcome
- appeal struck out for want of jurisdiction
- Judges
- RE Aburili
- Legal Topics
- Jurisdiction of High Court, Title to Land Disputes, Environment and Land Court Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martin Ohayo Odus
Appellant
Barrack Owino Odus
Respondent
Procedural Posture
Civil Appeal / Ruling on Jurisdiction and Striking Out of Appeal
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine disputes relating to title to land.
- 2 Whether the appeal is sustainable given the lower court's ruling and subsequent events.
Ratio Decidendi
The court determined that it had no jurisdiction to hear and determine the appeal as the underlying dispute concerned title to land, a matter reserved for the Environment and Land Court under the Constitution and the Environment and Land Court Act. The court further noted that the cause of action had been overtaken by events, and the matter was no longer live. Consequently, the appeal was struck out for want of jurisdiction, with no order as to costs.
Court Disposition
appeal struck out for want of jurisdiction
Orders
- The appeal is struck out for want of jurisdiction.
- No order as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CIVIL APPEAL NO. E004 OF 2022
CORAM: HON. R.E. ABURILI, J
MARTIN OHAYO ODUS..........................................................APPELLANT
VERSUS
BARRACK OWINO ODUS.................................................. RESPONDENT
(An Appeal arising from Ruling on 28th February, 2022 and directions issued on 9/12/2021 at Bondo PM’s Court in Civil Suit No. 13 of 2020 by Hon. J.P. Nandi, Principal Magistrate)
RULING
1. The lower court file in respect of this appeal was availed on 9/3/2022. I have perused the lower court record, the pleadings and judgment delivered on 2/3/2022. It is clear to me that the cause of action in the lower court giving rise to this appeal which is the ruling made on 28th February, 2022 declining the setting aside of proceedings has been overtaken by events and most probably, the reason why the appellant is no longer interested in attending to this matter despite service upon him of the notice to appear.
2. I have perused the lower court record. The matter which led to this appeal being determined is no longer live.
3. In addition, and more importantly, the suit was for claim over title to land. This court is devoid of any jurisdiction by dint of Articles 162(2) (b) & 165(5) (b) as read with Section 13(1) and (7) of the Environment and Land Court Act, to hear and determine any disputes relating to title to land. The suit claimed for a declaration that the Plaintiff is the duly registered owner of Land Parcel No Siaya/Got Agulu/39 and to permanently injunct the defendant from interfering in any way with the Plaintiff’s said property.
4. Accordingly, I find this appeal misguided. For want of jurisdiction which this court cannot arrogate itself of, I hereby proceed and strike out this appeal with no order as to costs. Parties to be notified.
5. File closed.
6. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 14TH DAY OF MARCH, 2022
R.E. ABURILI
JUDGE