[2023] KEHC 23501 (KLR)
The court determined that the dispute, involving claims for injunction, damages for trespass, and a counterclaim for cancellation of land title, falls squarely within the jurisdiction of the Environment and Land Court as provided by Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land...
Source-derived case information.
- Citation
- [2023] KEHC 23501 (KLR)
- Parties
- Plaintiff: John Bruno Oloo; Defendant: Joseph Agingu Sweta; Defendant: County Council Of Kisumu; Defendant: District Land Registrar; Defendant: The Attorney General; Defendant: Rana Auto Selection Limited; Defendant: Diamond Trust Bank Kenya Limited
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Case 99 of 2005
- Procedural Posture
- Civil Case / Ruling on Jurisdiction and Transfer
- Outcome
- Suit transferred to the Environment and Land Court for hearing and final disposal; High Court file closed.
- Judges
- RE Aburili
- Legal Topics
- Jurisdiction of Environment and Land Court, Transfer of Suit, Land Title Dispute, Injunctions, Trespass, Counterclaim for Cancellation of Title
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Bruno Oloo
Plaintiff
Joseph Agingu Sweta
Defendant
County Council Of Kisumu
Defendant
District Land Registrar
Defendant
The Attorney General
Defendant
Rana Auto Selection Limited
Defendant
Diamond Trust Bank Kenya Limited
Defendant
Procedural Posture
Civil Case / Ruling on Jurisdiction and Transfer
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine the dispute relating to land and title to land.
- 2 Whether the suit should be transferred to the Environment and Land Court for hearing and determination.
Ratio Decidendi
The court determined that the dispute, involving claims for injunction, damages for trespass, and a counterclaim for cancellation of land title, falls squarely within the jurisdiction of the Environment and Land Court as provided by Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act. The High Court, therefore, lacks jurisdiction to hear and determine the matter. Consequently, the suit must be transferred to the Environment and Land Court for hearing and final disposal. The original filing date and the subsequent reconstruction of the file do not alter the jurisdictional requirements imposed by the current constitutional and statutory framework.
Court Disposition
Suit transferred to the Environment and Land Court for hearing and final disposal; High Court file closed.
Orders
- This suit is transferred to the Environment and Land Court for hearing and final disposal.
- Mention before the Environment and Land Court on October 16, 2023 for directions.
Full Case Text
Judgment text and source record
35 paragraphs
Oloo v Sweta & 5 others (Civil Case 99 of 2005) [2023] KEHC 23501 (KLR) (9 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23501 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Case 99 of 2005
RE Aburili, J
October 9, 2023
Between
John Bruno Oloo
Plaintiff
and
Joseph Agingu Sweta
1st Defendant
County Council Of Kisumu
2nd Defendant
District Land Registrar
3rd Defendant
The Attorney General
4th Defendant
Rana Auto Selection Limited
5th Defendant
Diamond Trust Bank Kenya Limited
6th Defendant
Ruling
1. This suit was initiated in 2005 vide plaint dated July 29, 2005 which was way before the 2010 Constitution was promulgated and the establishment of the Environment and Land Court.
2. The original court file vanished and this file was reconstructed on June 15, 2023.
3. The Plaintiff sought for orders of injunction restraining the defendants from interfering with the ongoing construction on the suit property Kisumu/Nyalenda ‘B’/310 and general damages for trespass occasioned by the defendant’s alleged disruption by delaying completion of the construction work, among other prayers.
4. The defendants filed counterclaim seeking for cancellation of title to one of the parcels of land.
5. That being the case, the dispute entirely falls within the jurisdiction of the Environment and Land Court pursuant to the provisions of article 162 (2) (b) of the Constitution and section 13 (1) and (7) of the Environment and Land Court Act.
6. For that reason, I hereby transfer this suit to the Environment and Land Court for hearing and final disposal.
7. Mention before the ELC on October 16, 2023 for directions.
8. From the High Court, this file is closed.
9. Ruling to be typed.
10. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 9THDAY OF OCTOBER, 2023. R. E. ABURILIJUDGE