[2016] KEHC 5365 (KLR)
The High Court determined that it lacks jurisdiction to hear and determine disputes relating to ownership, occupation, or title to land, as such jurisdiction is exclusively vested in the Environment and Land Court under Section 4 of the Environment and Land Court Act 2011 and Article 162(2)(b) of the Constitution....
Source-derived case information.
- Citation
- [2016] KEHC 5365 (KLR)
- Parties
- Appellant: Salome Mumbi Karumba; Respondent: Stephen Ndichu Njihia
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 323’a’ of 2011
- Procedural Posture
- Civil Appeal / Ruling on Jurisdiction
- Outcome
- Appeal referred to the Environment and Land Court for further directions.
- Judges
- RE Aburili
- Legal Topics
- Jurisdiction of High Court, Environment and Land Court Mandate, Land Ownership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Salome Mumbi Karumba
Appellant
Stephen Ndichu Njihia
Respondent
Procedural Posture
Civil Appeal / Ruling on Jurisdiction
Legal Issues
- 1 Does the High Court have jurisdiction to hear and determine disputes relating to ownership, occupation, or title to land as raised in this appeal?
- 2 Should the appeal be referred to the Environment and Land Court for determination?
Ratio Decidendi
The High Court determined that it lacks jurisdiction to hear and determine disputes relating to ownership, occupation, or title to land, as such jurisdiction is exclusively vested in the Environment and Land Court under Section 4 of the Environment and Land Court Act 2011 and Article 162(2)(b) of the Constitution. Although the appeal was filed during a transitional period before the full operationalization of the Environment and Land Court, the court is now fully functional with competent judges. Therefore, the High Court must down its tools and refer the appeal to the Environment and Land Court for further directions, as mandated by the constitutional and statutory framework governing...
Court Disposition
Appeal referred to the Environment and Land Court for further directions.
Orders
- This appeal is referred to the Environment and Land Court, Nairobi, for further directions on its disposal.
- Mention on 9th May 2016 before the presiding Judge of the Environment and Land Court, Nairobi.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CIVIL APPEAL NO. 323’A’ OF 2011
SALOME MUMBI KARUMBA ………………………………………….APPELLANT
VERSUS
STEPHEN NDICHU NJIHIA ……………………….....……………….RESPONDENT
RULING ON JURISDICTION OF THE HIGH COURT
This appeal arises from the judgment and decree in Thika Resident Magistrate 168 of 1991. The plaintiff’s claim against the defendant was for:-
(a) an order restraining the defendant from further trespassing on plot No. Ruiru/Ruiru East/Block 2 and 327; and
(b) Mesne profits and costs of the suit.
The above being the case, this court finds that it has no jurisdiction to hear and determine disputes relating to ownership, occupation or title to land. The jurisdiction thereof is vested in the Environment and Land Court as established under Section 4 of the Environment and Land Court Act 2011 as contemplated in Article 162(2) (b) of the Constitution.
In addition, Article 165(5) (b) of the Constitution expressly ousts the jurisdiction of the High Court from hearing and determining disputes preserved for the courts contemplated in Article 162(2) of the Constitution.
Albeit this appeal was filed in 2011 during the transitional period as the Environment and Land Court had not been fully operationalised, nonetheless, the Environment and Land Court is now fully operational with competent judges to hear and determine the disputes as contemplated in Article 162(2) (b) of the Constitution and Section 13(1) and (7) of the Environment and Land Court Act, 2011.
For those reasons and as jurisdiction is everything, without which, this court can do no more than down its tools and refer this appeal to the Environment and Land Court for further directions on its disposal. Mention on 9th May 2016 before the presiding Judge of Environment and Land Court Nairobi, the respondent to serve the appellant with mention date.
R.E. ABURILI
JUDGE
25/4/2016