[2020] KEHC 2333 (KLR)
The High Court lacks jurisdiction to hear and determine disputes concerning title, use, and occupation of land, as such matters are reserved for the Environment and Land Court under the Constitution and the Environment and Land Court Act. Since the applicants' Chamber Summons seeks orders directly related to land...
Source-derived case information.
- Citation
- [2020] KEHC 2333 (KLR)
- Parties
- Applicant: Feizal Sadrudin Nurani & Farah Sadrudin Nurani (as administrators of the estate of the late Sadrudin Shamsudin Nurani); Respondent: The Chief Land Registrar, Ministry of Lands; Respondent: The Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application MiscellaneousE045 of 2020
- Procedural Posture
- Judicial Review Application / Ruling on Jurisdiction and Transfer
- Outcome
- Application transferred to the Environment and Land Court for want of jurisdiction.
- Judges
- P Nyamweya
- Legal Topics
- Jurisdiction of Courts, Mandamus Orders, Land Title Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Feizal Sadrudin Nurani & Farah Sadrudin Nurani (as administrators of the estate of the late Sadrudin Shamsudin Nurani)
Applicant
The Chief Land Registrar, Ministry of Lands
Respondent
The Attorney General
Respondent
Procedural Posture
Judicial Review Application / Ruling on Jurisdiction and Transfer
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine disputes relating to title, use, and occupation of land.
- 2 Whether the application for an order of mandamus regarding land title should be heard by the Environment and Land Court.
Ratio Decidendi
The High Court lacks jurisdiction to hear and determine disputes concerning title, use, and occupation of land, as such matters are reserved for the Environment and Land Court under the Constitution and the Environment and Land Court Act. Since the applicants' Chamber Summons seeks orders directly related to land title, the proper forum for adjudication is the Environment and Land Court. Consequently, the High Court must transfer the matter to the appropriate court for further hearing and determination.
Court Disposition
Application transferred to the Environment and Land Court for want of jurisdiction.
Orders
- This suit is transferred to the Environment and Land Court at Nairobi for further hearing and determination.
- The ex parte Applicants’ Chamber Summons dated 28th September 2020 shall be placed before the Duty Judge at the Environment and Land Court at Nairobi on 12th October 2020 for directions.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
JUDICIAL REVIEW APPLICATION NO. MISC E045 OF 2020
BETWEEN
REPUBLIC................................................................................................APPLICANT
VERSUS
THE CHIEF LAND REGISTRAR MINISTRY OF LANDS.......1ST RESPONDENT
THE ATTORNEY GENERAL.......................................................2ND RESPONDENT
EX PARTE:
FEIZAL SADRUDIN NURANI & FARAH SADRUDIN NURANI (As Administrators
ofthe Estate of the Late SADRUDIN SHAMSUDIN NURANI)
RULING
The Application
1. The ex parte Applicants herein have filed an application by way of a Chamber Summons dated 28th September 2020, seeking the following orders:
1. THATthe Applicants, Feizal Sadrudin Nurani and Farah Sadrudin Nurani (as administrators of the estate of the late Sadrudin Shamsudin Nurani) be granted leave to apply for an Order of Mandamus directed to the Respondents, The Chief Land Registrar, Ministry of Lands and The Hon. Attorney General to revoke the title issued to Glitter Venture Company Limited and regularize the title held by the Estate of Sadrudin Shamsudin Nurani and Ramesh Lali Aggarwal as per the directions of the National Land Commission dated 17th July 2017 vide Gazette Notice No. 6866.
2. THATthe costs of this application be in the cause.
2. It is evident that the ex parte Applicants are seeking orders in relation to the title of land in the said application. Any disputes and orders sought in relation to title, use and occupation of land now fall within the exclusive jurisdiction of the Environment and Land Court, pursuant to Articles 162(2) (b) and 165(5) of the Constitution, and section 13 of the Environment and Land Court Act.
3. This Court therefore has no jurisdiction to hear and determine the Chamber Summons dated 28th September 2020.
The Orders
4. In the premises I direct and order that this suit be and is hereby transferred to the Environment and Land Court at Nairobi for further hearing and determination. The ex parte Applicants’ Chamber Summons dated 28th September 2020 shall accordingly be placed before the Duty Judgeat theEnvironment and Land Court at Nairobi on 12th October 2020, for directions.
5. The Deputy Registrar of this Court shall send a copy of this ruling by electronic mail to the ex parte Applicants, and to the Deputy Registrar of the Environment and Land Court at Nairobi, by close of business on 5th October 2020.
6. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 30TH DAY OF SEPTEMBER 2020
P. NYAMWEYA
JUDGE