[2017] KEHC 1082 (KLR)
The High Court determined that, although it has jurisdiction to entertain contractual questions, the core issue in this appeal concerns land ownership, which falls within the exclusive jurisdiction of the Environment and Land Court. To ensure comprehensive and final resolution of all issues between the parties and...
Source-derived case information.
- Citation
- [2017] KEHC 1082 (KLR)
- Parties
- Appellant: Phyllis Wangari Kimotho; Respondent: John Mwangi Kamuri
- Court
- High Court
- Court Station
- High Court at Naivasha
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 6 of 2014
- Procedural Posture
- Civil Appeal / Ruling on Jurisdiction and Transfer
- Outcome
- Appeal transferred to the Environment and Land Court at Nyahururu for directions.
- Judges
- CW Meoli
- Legal Topics
- Jurisdiction of Courts, Transfer of Proceedings, Land Ownership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Phyllis Wangari Kimotho
Appellant
John Mwangi Kamuri
Respondent
Procedural Posture
Civil Appeal / Ruling on Jurisdiction and Transfer
Legal Issues
- 1 Whether the High Court has jurisdiction to determine questions of land ownership in the present dispute.
- 2 Whether the appeal should be transferred to the Environment and Land Court for determination.
Ratio Decidendi
The High Court determined that, although it has jurisdiction to entertain contractual questions, the core issue in this appeal concerns land ownership, which falls within the exclusive jurisdiction of the Environment and Land Court. To ensure comprehensive and final resolution of all issues between the parties and to avoid further delays in this longstanding dispute, the court found it prudent to transfer the appeal to the Environment and Land Court at Nyahururu for appropriate directions and disposal.
Court Disposition
Appeal transferred to the Environment and Land Court at Nyahururu for directions.
Orders
- The appeal is transferred to the Environment and Land Court Registry at Nyahururu.
- The matter shall be placed before the concerned Judge on 6th December, 2017 for necessary directions as to disposal.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIVASHA
CIVIL APPEAL NO. 6 OF 2014
(Being an appeal from the Judgment in Chief Magistrates Civil Case
No. 47 of 1994 by Hon. S. Mwinzi Ag SRM, delivered on 24th June, 2014)
PHYLLIS WANGARI KIMOTHO.....................................APPELLANT
-VERSUS-
JOHN MWANGI KAMURI............................................RESPONDENT
RULING AND DIRECTIONS
1. This appeal was filed in the High Court of Kenya at Naivasha in the year 2015. In the course of preparing judgment in the matter, I have noted that this dispute is very old. The lower court suit resulting in the judgment now impugned on this appeal was filed in 1994.
2. It seems from the pleadings and evidence that the dispute emanates from a contract entered into by the parties in 1984. Yet on another level, what is at stake is the land parcel No. LR NYANDARUA/KARATI/933 which is registered in the name of the Respondent and which the appellant claims to be entitled to on the basis of the 1984 sale agreement between the parties.
3. The jurisdiction to determine questions of land ownership and use is reserved for the Environment and Land Court. Thus in my view, in spite of the fact that this court has jurisdiction to entertain the contractual questions raised in this dispute, it is my considered view more prudent that this dispute be dealt with once and for all by the Environment and Land Court. That way, all the issues outstanding between the parties can be resolved simultaneously. This will preempt any further delays in this old matter.
4. In the circumstances, I will direct that this appeal be transferred to the Environment and Land Court Registry at Nyahururu and be placed before the concerned Judge on 6th December, 2017 for necessary directions as to disposal.
Delivered and Signed at Naivasha this 29thday ofNovember, 2017.
In the presence of:-
Appellant in person
No appearance for the Respondent
Court clerk – Barasa
………………………
C. MEOLI
JUDGE