[2022] KEHC 13108 (KLR)
The High Court lacks jurisdiction to hear and determine disputes that are exclusively reserved for the Environment and Land Court, specifically those concerning occupation, title to land, and alleged trespass. The Constitution of Kenya and the Environment and Land Court Act expressly vest such matters in the...
Source-derived case information.
- Citation
- [2022] KEHC 13108 (KLR)
- Parties
- Appellant: Gladys Obwar; Respondent: Samuel Otieno Ochanda
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E029 of 2022
- Procedural Posture
- Civil Appeal / Ruling on Jurisdiction
- Outcome
- High Court declines jurisdiction and refers the matter to the Environment and Land Court.
- Judges
- RE Aburili
- Legal Topics
- Jurisdiction of Courts, Environment and Land Court Mandate, Land Ownership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gladys Obwar
Appellant
Samuel Otieno Ochanda
Respondent
Procedural Posture
Civil Appeal / Ruling on Jurisdiction
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine disputes relating to occupation, title, and alleged trespass to land.
- 2 Whether the matter should be heard by the Environment and Land Court as per constitutional and statutory provisions.
Ratio Decidendi
The High Court lacks jurisdiction to hear and determine disputes that are exclusively reserved for the Environment and Land Court, specifically those concerning occupation, title to land, and alleged trespass. The Constitution of Kenya and the Environment and Land Court Act expressly vest such matters in the specialized court. Consequently, the High Court must decline jurisdiction and refer the matter to the appropriate forum.
Court Disposition
High Court declines jurisdiction and refers the matter to the Environment and Land Court.
Orders
- This matter is hereby placed before the Environment and Land Court for further necessary action.
- The file in the High Court is hereby closed.
Full Case Text
Judgment text and source record
22 paragraphs
Obwar v Ochanda (Civil Appeal E029 of 2022) [2022] KEHC 13108 (KLR) (19 September 2022) (Ruling)
Neutral citation: [2022] KEHC 13108 (KLR)
Republic of Kenya
In the High Court at Siaya
Civil Appeal E029 of 2022
RE Aburili, J
September 19, 2022
Between
Gladys Obwar
Appellant
and
Samuel Otieno Ochanda
Respondent
(An Appeal arising from Judgment and order from Ukwala PMCC No. 69 of 2017)
Ruling
1. I have considered the memorandum of appeal and the application dated 7/9/2022 under certificate of urgency.
2. I have also perused the plaint filed in the lower court in respect of the dispute between the parties.
3. It is obvious that the claim was on occupation and title to land and alleged trespass thereto.
4. For that reason and by dint of articles 162 (2) (b) and 165 (5) (b) of the Constitution, as read with section 13 (1) (7) of the Environmental and Land Court Act, this court is deprived of jurisdiction to hear and determine disputes exclusively reserved for the specialized court namely the Environment and Land Court. Accordingly, I decline jurisdiction and direct that this matter is hereby placed before the Environment and Land Court for further necessary action.
5. The file in the High Court is hereby closed.
6. Orders accordingly.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT SIAYA THIS 19TH DAY OF SEPTEMBER, 2022R.E. ABURILIJUDGE