[2016] KEHC 999 (KLR)
The court determined that the subject matter of the appeal—ownership and title to land—falls squarely within the jurisdiction of the Environment and Land Court as established by the Constitution and reinforced by the Chief Justice's practice directions. Since the appeal had not yet been heard, the High Court lacked...
Source-derived case information.
- Citation
- [2016] KEHC 999 (KLR)
- Parties
- Appellant: Naomi Wangeci Munene; Respondent: Veronica Wanjiru
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 48 of 2013
- Procedural Posture
- Civil Appeal / Directions on Transfer to Environment and Land Court
- Outcome
- Appeal transferred to the Environment and Land Court for hearing and determination.
- Judges
- JK Mulwa
- Legal Topics
- Ownership of Land, Title to Land, Jurisdiction, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Naomi Wangeci Munene
Appellant
Veronica Wanjiru
Respondent
Procedural Posture
Civil Appeal / Directions on Transfer to Environment and Land Court
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine disputes relating to title and ownership of land after the establishment of the Environment and Land Court.
- 2 Whether the appeal should be transferred to the Environment and Land Court in accordance with the Chief Justice's practice directions.
Ratio Decidendi
The court determined that the subject matter of the appeal—ownership and title to land—falls squarely within the jurisdiction of the Environment and Land Court as established by the Constitution and reinforced by the Chief Justice's practice directions. Since the appeal had not yet been heard, the High Court lacked jurisdiction to proceed, and the proper course was to transfer the matter to the Environment and Land Court for hearing and determination. The transfer ensures compliance with the legal framework governing land disputes and upholds the specialized jurisdiction of the Environment and Land Court.
Court Disposition
Appeal transferred to the Environment and Land Court for hearing and determination.
Orders
- The appeal is transferred to the Environment and Land Court for hearing and determination.
- Parties to take directions before the Environment and Land Court.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
CIVIL APPEAL NUMBER 48 OF 2013
NAOMI WANGECI MUNENE....................................................... APPELLANT
VERSUS
VERONICA WANJIRU............................................................. RESPONDENT
(Appeal from the Judgment and Decree the Hon. D.K. Mikoyan, Ag. Senior Principal Magistrates at Nyahururu dated March, 2013 in the Senior Principal Magistrate's Court Civil Case No. 336 of 2009)
DIRECTIONS
This appeal arose from the trial courts judgment delivered on the 20th March The subject matter and cause of action in the said court a dispute involving ownership and title to a Land Parcel Nyahururu Municipality Block 8/790. The appellant dissatisfied with the judgment prompting the filing of his appeal.
Practice directions issued by the Honourable Chief Justice on the 25th July 2014 and gazetted as Notice No. 5178 on proceedings relating to the Environment and Land Court, the use and occupation of and title to land, practice direction. 5 states:
“that all cases relating to the Environment land use and occupation of land title to land which have been fi at the High Court and where hearing are yet to commence shall be transferred to the Environment and Land Court as directed by Judge.”
There is no dispute that the matter hereof falls under the Jurisdiction of the Environment and Land Court. The appeal is yet to be heard. Parties took directions that the same be disposed off by of written submissions which they have filed.
For those reasons, I am constrained to order a transfer of the appeal for hearing and determination to the Environment and Land Court.
Parties proceed to take directions before the said court.
Dated, signed and delivered in co this 10thDay of November 2016.
JANET MULWA
JUDGE