[2020] KEHC 9196 (KLR)
The High Court determined that the cause of action, being trespass to land, falls within the jurisdiction of the magistrate's court under section 9 of the Magistrates Court Act, 2015. However, appeals from such decisions lie to the Environment and Land Court pursuant to section 13 of the Environment and Land Court...
Source-derived case information.
- Citation
- [2020] KEHC 9196 (KLR)
- Parties
- Appellant: Serah Wanjiru Kungu; Respondent: Peter Munyua Kimani
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 12 of 2019
- Procedural Posture
- Civil Appeal / Ruling on Jurisdiction and Transfer
- Outcome
- Appeal transferred to the Environment and Land Court at Thika for hearing and disposal.
- Judges
- DAS Majanja
- Legal Topics
- Trespass to Land, Joinder of Parties, Jurisdiction of Courts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Serah Wanjiru Kungu
Appellant
Peter Munyua Kimani
Respondent
Procedural Posture
Civil Appeal / Ruling on Jurisdiction and Transfer
Legal Issues
- 1 Whether the magistrate's court had jurisdiction to hear a suit for trespass to land.
- 2 Whether the appeal lies to the High Court or the Environment and Land Court.
- 3 Whether the suit was properly struck out for non-joinder of an essential party.
Ratio Decidendi
The High Court determined that the cause of action, being trespass to land, falls within the jurisdiction of the magistrate's court under section 9 of the Magistrates Court Act, 2015. However, appeals from such decisions lie to the Environment and Land Court pursuant to section 13 of the Environment and Land Court Act, 2011 and Article 162(2)(b) of the Constitution. Consequently, the High Court lacks jurisdiction to hear the appeal, and the matter must be transferred to the Environment and Land Court at Thika for hearing and disposal.
Court Disposition
Appeal transferred to the Environment and Land Court at Thika for hearing and disposal.
Orders
- This appeal is transferred to the Environment and Land Court at Thika for hearing and disposal.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KIAMBU
CORAM: D. S. MAJANJA J.
CIVIL APPEAL NO. 12 OF 2019
BETWEEN
SERAH WANJIRU KUNGU...............................................................APPELLANT
AND
PETER MUNYUA KIMANI............................................................RESPONDENT
(Being an appeal from the Judgment and Decree of Hon.D. N. Musyoka, PM
dated 20th December 2018 at the Kikuyu Magistrates Court
in Civil Case No.230 of 2010)
RULING
1. This is an appeal against the judgment and decree of the trial court striking out the suit on the ground that an essential party who had a right to be heard was not joined to the suit. The plaintiff’s claim was for trespass to land and that she was the registered owner of a parcel of land; MUGUGA/KANYARIRI/1245 and in the plaint dated 23rd July 2010, she sought a permanent injunction restraining the respondent from trespassing on the said property.
2. Without belabouring the point, it is clear that the cause of action, being an action for trespass, falls within the jurisdiction of the magistrate’s court adjudicating on matters concerning land under section 9 of the Magistrates Court Act, 2015. An appeal therefrom therefore lies to the Environment and Land Court under the provisions of section 13 of the Environment and Land Court Act, 2011 and Article 162(2)(b) of the Constitution.
3. This appeal is therefore transferred to the Environment and Land Court at Thika for hearing and disposal.
DATED and DELIVERED at KIAMBU this 6th day of JANUARY 2020.
D. S. MAJANJA
JUDGE
Mr Omondi instructed by M. Murimi and Company Advocates for the appellant.
Mr Bore instructed by M. K. Chebii and Company Advocates for the respondent.