[2022] KEHC 3091 (KLR)
The court held that it lacked jurisdiction to entertain the appeal. Citing the principle that jurisdiction is everything and must be addressed as a preliminary issue, the court found that it could not proceed further with the matter. The absence of jurisdiction rendered the appeal incompetent, and the court was...
Source-derived case information.
- Citation
- [2022] KEHC 3091 (KLR)
- Parties
- Appellant: David Ochieng Onyango; Respondent: Beldina Akumu
- Court
- High Court
- Court Station
- High Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 4 of 2020
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal struck out for want of jurisdiction
- Judges
- KW Kiarie
- Legal Topics
- Jurisdiction of Court, Permanent Injunction, Trespass to Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Ochieng Onyango
Appellant
Beldina Akumu
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the High Court had jurisdiction to entertain the appeal.
- 2 Whether the orders sought by the appellant could be granted in the absence of jurisdiction.
Ratio Decidendi
The court held that it lacked jurisdiction to entertain the appeal. Citing the principle that jurisdiction is everything and must be addressed as a preliminary issue, the court found that it could not proceed further with the matter. The absence of jurisdiction rendered the appeal incompetent, and the court was obliged to strike it out without considering the merits of the substantive claims. The court emphasized that once it determines it has no jurisdiction, it must down its tools and take no further steps in the proceedings.
Court Disposition
appeal struck out for want of jurisdiction
Orders
- The appeal is struck out with costs.
Full Case Text
Judgment text and source record
19 paragraphs
Onyango v Akumu (Civil Appeal 4 of 2020) [2022] KEHC 3091 (KLR) (22 June 2022) (Judgment)
Neutral citation: [2022] KEHC 3091 (KLR)
Republic of Kenya
In the High Court at Homa Bay
Civil Appeal 4 of 2020
KW Kiarie, J
June 22, 2022
Between
David Ochieng Onyango
Appellant
and
Beldina Akumu
Respondent
(Being an Appeal from the Ruling and Order in Oyugis Principal Magistrate’s E.L.C No. 98 of 2018 by Hon. J.P. Nandi –Principal Magistrate)
Judgment
1. David Ochieng Onyango, the appellant herein was the plaintiff in Oyugis Principal Magistrate’s PMELC No. 98 of 2018. He had sued the respondent and was seeking the following orders:a)That the defendant, her agent and or employees be restrained by an order of permanent injunction from entering, cultivating, working on, committing waste to or holding onto possession of the suit land registration number East Karachuonyo/Kamser Seka/1507. b)An order directing the defendant, his agents and or employees to vacate the suit land parcel number East Karachuonyo/Kamser Seka/1507 and forthwith desist from any interference with the plaintiff in the enjoyment and /or use of the said parcel of land.c)General damages for trespass to property.d)Costs and interest.
2. Clearly this is an appeal that was filed in the court without jurisdiction. On jurisdiction Justice Nyarangi (JA) in the case ofOwners of the Motor Vessel “Lillian S” vs. Caltex Oil (Kenya) Ltd [1989] KLR 1 stated as follows:I think that it is reasonably plain that a question of jurisdiction ought to be raised at the earliest opportunity and the court seized of the matter is then obliged to decide the issue right away on the material before it. Jurisdiction is everything. Without it, a court has no power to make one more step. Where a court has no jurisdiction, there would be no basis for a continuation of proceedings pending other evidence. A court of law downs tools in respect of the matter before it the moment it holds the opinion that it is without jurisdiction.Since I have no jurisdiction I can proceed no further.
3. Consequently, the appeal is struck out with costs.
DELIVERED AND SIGNED AT HOMA BAY THIS 22NDDAY OF JUNE, 2022KIARIE WAWERU KIARIEJUDGE