[2018] KEHC 576 (KLR)
The High Court determined that it lacked jurisdiction to entertain the application because the dispute concerned land, specifically title No. LR 209/4300/161. The enactment of the Environment and Land Court Act and the provisions of Articles 162(2) and 165(5) of the Constitution divested the High Court of...
Source-derived case information.
- Citation
- [2018] KEHC 576 (KLR)
- Parties
- Applicant: Mohamed Yunis Soroya; Respondent: Mohamed Yusuf Khan Soroya; Respondent: Soroya Group Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 116 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time and Stay of Execution
- Outcome
- Application not determined on merits; file transferred to Environment and Land Court Division for want of jurisdiction.
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Leave to Appeal Out of Time, Stay of Execution, Jurisdiction of Court, Transfer of Suit, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mohamed Yunis Soroya
Applicant
Mohamed Yusuf Khan Soroya
Respondent
Soroya Group Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time and Stay of Execution
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine the dispute relating to land title No. LR 209/4300/161.
- 2 Whether leave should be granted to file an appeal out of time and stay of execution pending appeal.
Ratio Decidendi
The High Court determined that it lacked jurisdiction to entertain the application because the dispute concerned land, specifically title No. LR 209/4300/161. The enactment of the Environment and Land Court Act and the provisions of Articles 162(2) and 165(5) of the Constitution divested the High Court of jurisdiction over such matters. Consequently, the court ordered that the file be transferred to the Environment and Land Court Division for hearing and disposal, without addressing the merits of the application for leave to appeal out of time or stay of execution.
Court Disposition
Application not determined on merits; file transferred to Environment and Land Court Division for want of jurisdiction.
Orders
- The file shall be transferred to the Environment and Land Court Division for hearing and disposal.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MISC APPLICATION 116 OF 2015
MOHAMED YUNIS SOROYA............INTENDED APPELLANT/APPLICANT
VERSUS
MOHAMED YUSUF KHAN SOROYA................................1ST RESPODNENT
SOROYA GROUP LIMITED...............................................2ND RESPODNENT
RULING
This is an application by way of Notice of Motion under Sections 75 (1), 79 G, and 95 of the Civil Procedure Act, Order 42, Order 43 of the Civil Procedure Rules, Sections 3A and 3B of the Appellate Jurisdiction Act for Orders that leave be granted to file appeal out of time, there be a stay of execution and that proceedings in the lower court be stayed. The reasons for seeking those orders are set out on the face of the application alongside an affidavit sworn by the advocate for the applicant.
The respondents opposed the application by filing a preliminary objection dated 6th and filed on 7th May, 2015. When I was preparing to write this ruling, it transpired to me that the foundation of the dispute herein is a piece of land title No. LR 209/4300/161. On perusing the impact of the Environment and Land Court Act No. 19 of 2011, I was persuaded that this court is not possessed of jurisdiction to address the dispute herein. This is because ,the enactment of that law alongside the provisions of Articles 162 (2) and 165 (5) of the Constitution divested the High Court of any jurisdiction to deal with matters related to land, and in particular a dispute of the nature in these proceedings.
That being the case, I direct that this file shall be transferred to the Environment and Land Court Division for hearing and disposal of the dispute herein.
Dated, signed and delivered at Nairobi this 11th day of December, 2018.
A. MBOGHOLI MSAGHA
JUDGE