[2023] KEHC 24833 (KLR)
The High Court determined that, following the promulgation of the 2010 Constitution and the establishment of the Environment and Land Court, jurisdiction over claims relating to title to land now lies with the Environment and Land Court. Although the High Court previously had jurisdiction when the suit was filed, it...
Source-derived case information.
- Citation
- [2023] KEHC 24833 (KLR)
- Parties
- Plaintiff: Garishom Muluhya Martini; Defendant: Kefa Kworo Lusui
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Case 402 of 1994
- Procedural Posture
- Civil Case / Ruling on Transfer of Suit and Jurisdiction
- Outcome
- Suit transferred to Vihiga Environment and Land Court; High Court file closed.
- Judges
- RE Aburili
- Legal Topics
- Transfer of Land, Jurisdiction, Environment and Land Court, Breach of Contract
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Garishom Muluhya Martini
Plaintiff
Kefa Kworo Lusui
Defendant
Procedural Posture
Civil Case / Ruling on Transfer of Suit and Jurisdiction
Legal Issues
- 1 Whether the High Court retains jurisdiction to hear and determine the claim relating to title to land after the establishment of the Environment and Land Court.
- 2 Whether the suit should be struck out or dismissed for want of prosecution or transferred to the appropriate court.
Ratio Decidendi
The High Court determined that, following the promulgation of the 2010 Constitution and the establishment of the Environment and Land Court, jurisdiction over claims relating to title to land now lies with the Environment and Land Court. Although the High Court previously had jurisdiction when the suit was filed, it no longer does. Rather than striking out or dismissing the suit for want of prosecution, the court exercised its discretion to transfer the matter to the Vihiga Environment and Land Court, which is the appropriate forum for further orders and directions. The file before the High Court is accordingly closed.
Court Disposition
Suit transferred to Vihiga Environment and Land Court; High Court file closed.
Orders
- The suit is transferred forthwith to Vihiga Environment and Land Court for further orders and directions.
- The High Court file is closed.
Full Case Text
Judgment text and source record
21 paragraphs
Martini v Lusui (Civil Case 402 of 1994) [2023] KEHC 24833 (KLR) (31 October 2023) (Ruling)
Neutral citation: [2023] KEHC 24833 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Case 402 of 1994
RE Aburili, J
October 31, 2023
Between
Garishom Muluhya Martini
Plaintiff
and
Kefa Kworo Lusui
Defendant
Ruling
1. This is a 1994 case. It was filed on 20th September 1994 by the Plaintiff seeking for orders for transfer of the parcel of land known as No. South Maragoli/Lusiola/1026 to the plaintiff by the defendant or in the alternative, the court to refund purchase price paid or refund of purchase price and value of development on the land.
2. He also prayed for general damages for breach of contract.
3. The suit was filed before the promulgation of the 2010 Constitution and the establishment of the Environment and Land Court under Article 162 (2) (b) of the Constitution.
4. As this court had jurisdiction then to hear and determine the claim, which jurisdiction has since been taken away and given to the Environment and Land Court, and as the land in question is situate in Vihiga County, and considering the value of the subject matter, although I had the power to strike out or dismiss this suit for want of prosecution as no action has been taken to prosecute it for a while, I hereby direct and order that this suit shall forthwith be transferred to Vihiga Environment and Land Court for further orders/directions on its disposal noting that this court has jurisdiction to hear and determine the claim on title to land.
5. From this end, this file is closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 31ST DAY OF OCTOBER, 2023R. E. ABURILIJUDGE