[2023] KEHC 20030 (KLR)
The court determined that it lacked jurisdiction to hear and determine the suit because the subject matter involved land and the cancellation of title, which falls within the exclusive jurisdiction of the Environment and Land Court as established under Article 162(2) of the Constitution and Section 13 of the...
Source-derived case information.
- Citation
- [2023] KEHC 20030 (KLR)
- Parties
- Plaintiff: Ernest Milikao Shiroya; Defendant: Tomas Muongo Luka; Defendant: Richard Musebe Onyango; Defendant: Laeittia Mulamula
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 60 of 2000
- Procedural Posture
- Civil Suit / Ruling on Jurisdiction and Transfer
- Outcome
- suit transferred to the Environment and Land Court for disposal
- Judges
- SC Chirchir
- Legal Topics
- Jurisdiction of Courts, Transfer of Suit, Environment and Land Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ernest Milikao Shiroya
Plaintiff
Tomas Muongo Luka
Defendant
Richard Musebe Onyango
Defendant
Laeittia Mulamula
Defendant
Procedural Posture
Civil Suit / Ruling on Jurisdiction and Transfer
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine the suit concerning land and cancellation of title.
- 2 Whether the suit should be struck out or transferred to the Environment and Land Court.
Ratio Decidendi
The court determined that it lacked jurisdiction to hear and determine the suit because the subject matter involved land and the cancellation of title, which falls within the exclusive jurisdiction of the Environment and Land Court as established under Article 162(2) of the Constitution and Section 13 of the Environment and Land Court Act. However, considering that the suit was filed before the promulgation of the 2010 Constitution and the establishment of the Environment and Land Court, striking out the suit would be unjust and contrary to the legitimate expectations of the parties. Therefore, in the interest of justice, the court ordered the transfer of the suit to the Environment and...
Court Disposition
suit transferred to the Environment and Land Court for disposal
Orders
- The suit is transferred to the Environment and Land Court for disposal.
- The matter to be mentioned before the Deputy Registrar, Environment and Land Court, on the date of delivery of this ruling.
Full Case Text
Judgment text and source record
25 paragraphs
Shiroya v Luka & 2 others (Civil Suit 60 of 2000) [2023] KEHC 20030 (KLR) (6 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20030 (KLR)
Republic of Kenya
In the High Court at Kakamega
Civil Suit 60 of 2000
SC Chirchir, J
July 6, 2023
Between
Ernest Milikao Shiroya
Plaintiff
and
Tomas Muongo Luka
1st Defendant
Richard Musebe Onyango
2nd Defendant
Laeittia Mulamula
3rd Defendant
Ruling
1. This matter was placed before me on May 4, 2023 for mention to confirm filing of submissions in respect to the Application dated September 15, 2021.
2. I then scheduled the ruling for July 6, 2021. However, in the course of writing the Ruling, I noticed that he subject matter of this suit is land. The plaintiff is seeking for, among others, cancellation of title.
3. Pursuant to Article 165(5) of theConstitution, this court is barred for entertaining matters falling within the jurisdiction of the courts contemplated in Article 162(2). One of the Courts established pursuant to order 162(2) is the Environment and Land Court.Section 13 of the Environment and Land Court confers the jurisdiction on matters of land to the said court. This court therefore has no jurisdiction to determine this case.
4. When a court lacks jurisdiction the automatic remedy is to strike off the suit. In the present case, however, I notice that the suit was filed prior to the advent of the 2010 Constitution and the attendant establishment of the Environment and Land Court. Thus, striking out the suit for want of jurisdiction will go against the legitimate expectation of the parties when they first filed the suit, as well as the interest of justice.
5. Consequently, I hereby order this suit be transferred to the Environment and Land court for disposal.
6. The matter to be given a mention before the Deputy Registrar Environment and land court on the date of the delivery of this ruling
DATED, SIGNED AND DELIVERED VIRTUALLY AT KAKAMEGA THIS 6TH DAY OF JULY, 2023S. CHIRCHIRJUDGEIn the presence of:Eric- Court AssistantRichard Musebe- The 2defendant.