[2024] KEHC 1512 (KLR)
The application was dismissed because the High Court determined that it does not have jurisdiction to entertain appeals or applications for leave to appeal arising from decisions of the Environment and Land Court or tribunals exercising jurisdiction in environment and land matters. The applicant's request for leave...
Source-derived case information.
- Citation
- [2024] KEHC 1512 (KLR)
- Parties
- Applicant: George Okuto Obunga; Respondent: Patricia Atieno Owiti
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application E159 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
- Outcome
- application dismissed for want of jurisdiction
- Judges
- RE Aburili
- Legal Topics
- Leave to Appeal Out of Time, Jurisdiction, Environment and Land Court Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Okuto Obunga
Applicant
Patricia Atieno Owiti
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Appeal Out of Time
Legal Issues
- 1 Whether the High Court has jurisdiction to grant leave to appeal from a decision of the Environment and Land Court.
- 2 Whether the application for leave to file an appeal and notice of appeal out of time is properly before the High Court.
Ratio Decidendi
The application was dismissed because the High Court determined that it does not have jurisdiction to entertain appeals or applications for leave to appeal arising from decisions of the Environment and Land Court or tribunals exercising jurisdiction in environment and land matters. The applicant's request for leave to file an appeal and notice of appeal out of time was therefore incompetent and misplaced before the High Court. The absence of lower court proceedings did not affect the court's finding on jurisdiction, which is a threshold issue that must be addressed before considering the merits of any application.
Court Disposition
application dismissed for want of jurisdiction
Orders
- The application dated September 8, 2023 is dismissed.
- No orders as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
Obunga v Owiti (Civil Miscellaneous Application E159 of 2023) [2024] KEHC 1512 (KLR) (14 February 2024) (Ruling)
Neutral citation: [2024] KEHC 1512 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Miscellaneous Application E159 of 2023
RE Aburili, J
February 14, 2024
Between
George Okuto Obunga
Applicant
and
Patricia Atieno Owiti
Respondent
Ruling
1. The Application dated September 8, 2023 seeks for leave of court to file an appeal and Notice of Appeal out of time from Kisumu Misc. ELC No. 123 of 2018.
2. Although no proceedings from the lower court are annexed, it is clear that the lower court case is an Environment and Land Court case which then leads this court to conclude that the Applicant herein is misadvised and misdirected as this Court has no jurisdiction to hear and determine appeals arising from disputes filed and determined before courts or tribunals exercising jurisdiction in Environment and Land matters.
3. Accordingly, I find this application dated September 8, 2023 misplaced and incompetently filed before this court.
4. It is dismissed with no orders as to costs and the file is hereby closed.
5. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 14TH DAY OF FEBRUARY, 2024R. E. ABURILIJUDGE