[2024] KEHC 13448 (KLR)
The court determined that it lacked jurisdiction to grant the orders sought by the applicant because the dispute related to land and fell within the exclusive jurisdiction of the Environment and Land Court as provided by Article 162(2) of the Constitution and Section 13 of the Environment and Land Court Act. As...
Source-derived case information.
- Citation
- [2024] KEHC 13448 (KLR)
- Parties
- Applicant: Catherine Wandia Njuguna; Respondent: Lucy Wacu Aphael Limited; Respondent: Uokoaji Housing Co-operative Society Limited; Respondent: The Land Registrar, Kiambu; Respondent: The Honourable Attorney General
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E199 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Transfer and Withdrawal of Suit
- Outcome
- application struck out for want of jurisdiction
- Judges
- DO Chepkwony
- Legal Topics
- Jurisdiction of Court, Transfer of Suit, Environment and Land Court Act, Original Jurisdiction, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Catherine Wandia Njuguna
Applicant
Lucy Wacu Aphael Limited
Respondent
Uokoaji Housing Co-operative Society Limited
Respondent
The Land Registrar, Kiambu
Respondent
The Honourable Attorney General
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Transfer and Withdrawal of Suit
Legal Issues
- 1 Whether the High Court has jurisdiction to transfer and withdraw a land dispute from the Chief Magistrate’s Environment and Land Court to another subordinate court.
- 2 Whether the orders sought by the applicant can be granted in light of the Environment and Land Court Act and the Constitution.
Ratio Decidendi
The court determined that it lacked jurisdiction to grant the orders sought by the applicant because the dispute related to land and fell within the exclusive jurisdiction of the Environment and Land Court as provided by Article 162(2) of the Constitution and Section 13 of the Environment and Land Court Act. As such, the High Court could not entertain the application for transfer and withdrawal of the suit from the Chief Magistrate’s Environment and Land Court to another subordinate court. The application was therefore struck out for want of jurisdiction.
Court Disposition
application struck out for want of jurisdiction
Orders
- The Notice of Motion application dated 27th September, 2024 is struck out.
- No orders as to costs.
Full Case Text
Judgment text and source record
26 paragraphs
Njuguna v Lucy Wacu Aphael Limited & 3 others (Miscellaneous Civil Application E199 of 2024) [2024] KEHC 13448 (KLR) (29 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13448 (KLR)
Republic of Kenya
In the High Court at Kiambu
Miscellaneous Civil Application E199 of 2024
DO Chepkwony, J
October 29, 2024
Between
Catherine Wandia Njuguna
Applicant
and
Lucy Wacu Aphael Limited
1st Respondent
Uokoaji Housing Co-operative Society Limited
2nd Respondent
The Land Registrar, Kiambu
3rd Respondent
The Honourable Attorney General
4th Respondent
Ruling
1. This matter is for mention for parties to confirm compliance of directions issued on 9th October, 2024 in respect of the Notice of Motion application dated 27th September, 2024. Neither the Applicant nor the Respondents and their respective counsel are in attendance. They have not also sent representation to explain their absence.
2. However, the Applicant vide the Notice of Motion application dated 27th September, 2024 has sought for orders that:-a.Spent;b.That this Honourable Court be pleased to withdraw and transfer Kiambu Chief Magistrate’s court Environment and Land Case No.E029 of 2024 to Limuru Senior Principal Magistrate’s Court for hearing and determination.c.Costs of this application be borne by the Respondents.
3. The same is premised on the grounds on its face and Supporting Affidavit of Francis Mburu Machua, counsel for Applicant. Having read through the application, this Court notes and appreciates that the orders sought relate to a matter that relates to a land dispute and filed before the Chief Magistrate’s Environment and Land Court.
4. In view of this, by virtue of Section 13(1) and (2) of the Environment and Land Court Act, NO.19 of 2011 which gives effect to Article 162(2) of the Constitution which established the Environment and Land Court with original, supervisory and appellate jurisdiction to hear and determine disputes relating to the Environment, the use and occupation of and title to land, this Court lacks the requisite jurisdiction to grant the orders sought.
5. Consequently, the Notice of Motion application dated 27th September, 2024 be and is hereby struck out. .It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 29TH DAY OF OCTOBER, 2024. D. O. CHEPKWONYJUDGEIn the presence of:-No appearance for and by either partyCourt Assistant - Martin