[2022] KEHC 13174 (KLR)
The High Court struck out the application for want of jurisdiction, holding that boundary disputes and the execution of related orders fall within the jurisdiction of the Environment and Land Court or the court that issued the original order. The Constitution expressly bars the High Court from hearing and...
Source-derived case information.
- Citation
- [2022] KEHC 13174 (KLR)
- Parties
- Applicant: George Onyuka Ongala; Respondent: County Land Registrar, Siaya; Respondent: County Land Surveyor, Siaya
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Case E025 of 2022
- Procedural Posture
- Miscellaneous Civil Case / Ruling on Application to Compel Execution of Boundary Order
- Outcome
- application struck out for want of jurisdiction
- Judges
- RE Aburili
- Legal Topics
- Jurisdiction of High Court, Boundary Disputes, Execution of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Onyuka Ongala
Applicant
County Land Registrar, Siaya
Respondent
County Land Surveyor, Siaya
Respondent
Procedural Posture
Miscellaneous Civil Case / Ruling on Application to Compel Execution of Boundary Order
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine a boundary dispute relating to land.
- 2 Whether the High Court can compel execution of an order issued by the Senior Principal Magistrate’s Court in a land boundary dispute.
Ratio Decidendi
The High Court struck out the application for want of jurisdiction, holding that boundary disputes and the execution of related orders fall within the jurisdiction of the Environment and Land Court or the court that issued the original order. The Constitution expressly bars the High Court from hearing and determining disputes relating to land boundaries, and the Senior Principal Magistrate’s Court that issued the order is a gazetted Environment and Land Court with the power to supervise execution. Therefore, the applicant’s recourse lies with the issuing court, not the High Court.
Court Disposition
application struck out for want of jurisdiction
Orders
- The application dated August 29, 2022 is struck out for want of jurisdiction.
- No orders as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
Ongala v County Land Registrar, Siaya & another (Miscellaneous Civil Case E025 of 2022) [2022] KEHC 13174 (KLR) (20 September 2022) (Ruling)
Neutral citation: [2022] KEHC 13174 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Civil Case E025 of 2022
RE Aburili, J
September 20, 2022
Between
George Onyuka Ongala
Applicant
and
County Land Registrar, Siaya
1st Respondent
County Land Surveyor, Siaya
2nd Respondent
Ruling
1. I have considered the application dated August 29, 2022, the grounds, the supporting affidavit and annextures as well as the annextures thereto.
2. I have also considered the oral submissions by the applicant who is self-represented. I observe that the applicant’s issue arises from ELC 63A/2019 which is a land case before Senior Principal Magistrate’s Court at Siaya and the dispute is over boundary to his land which he says, as per the order of September 2, 2021 issued by Hon J Ongondo Senior Principal Magistrate, the Land Registrar has refused to comply to establish the boundaries for Land Parcel No Siaya/Bar Osimbo/687 and 688 as well as 674 respectively. No doubt, the dispute is over land and only the court which issued the orders can compel execution or performance.
3. Besides, this court is expressly barred by article 165(5)(b) of the Constitution and article 162(2)(b) of the Constitution from hearing and determining disputes relating to ownership, occupation of or title to land. A boundary dispute falls within the jurisdiction of the Environment and Land Court not the High court.
4. Furthermore, the Senior Principal Magistrate’s Court that issued the order is a gazette Environment and Land Court with power to supervise execution. I find no reason therefore to place this file before the court of equal status-ELC.
5. For want of jurisdiction, I hereby strike out the application dated August 29, 2022 with no orders as to costs.
6. File closed.
7. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 20TH DAY OF SEPTEMBER, 2022R.E. ABURILIJUDGE