[2016] KEHC 842 (KLR)
The court declined the application to transfer the suit to Tigania Law Courts on the basis that, according to the prevailing decision in Malindi HCCC Constitutional Petition No 3 of 2016, lower courts currently lack jurisdiction to handle land matters. The court further relied on the directive from the Chief...
Source-derived case information.
- Citation
- [2016] KEHC 842 (KLR)
- Parties
- Plaintiff: Stanley Kaunga; Defendant: Jackson Kiamambi M'Imaana; Defendant: The District Land Adjudication Officer; Defendant: The Hon. Attorney General
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 8 of 2010
- Procedural Posture
- Civil Case / Ruling on Application for Transfer of Suit
- Outcome
- Application for transfer of suit declined.
- Judges
- FM Njoroge
- Legal Topics
- Jurisdiction of Courts, Transfer of Suits, Land Disputes, Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stanley Kaunga
Plaintiff
Jackson Kiamambi M'Imaana
Defendant
The District Land Adjudication Officer
Defendant
The Hon. Attorney General
Defendant
Procedural Posture
Civil Case / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the High Court should transfer the suit to Tigania Law Courts in light of the Malindi HCCC Constitutional Petition No 3 of 2016 decision.
- 2 Whether lower courts have jurisdiction to handle land matters pending appeal of the Malindi decision.
Ratio Decidendi
The court declined the application to transfer the suit to Tigania Law Courts on the basis that, according to the prevailing decision in Malindi HCCC Constitutional Petition No 3 of 2016, lower courts currently lack jurisdiction to handle land matters. The court further relied on the directive from the Chief Justice, which prohibits the transfer of such suits between the Environment and Land Court (ELC) and lower courts pending the outcome of the appeal against the Malindi decision. Therefore, until the higher courts determine otherwise, the High Court will not entertain applications for transfer of land matters to or from lower courts.
Court Disposition
Application for transfer of suit declined.
Orders
- The prayer to have this suit transferred to Tigania Law Courts is declined.
- The Registry is directed not to entertain applications for transfer of suits from the ELC to the Lower Courts.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL CASE NO 8 OF 2010
STANLEY KAUNGA …...............................................................PLAINTIFF
VERSUS
JACKSON KIAMAMBI M'IMAANA...............................1ST DEFENDANT
THE DISTRICT LAND ADJUDICATION OFFICER .......2ND DEFENDANT
THE HON. ATTORNEY GENERAL.................................3RD DEFENDANT
R U L I N G
1. The Parties in this suit wanted the suit transferred to Tigania Law Courts.
2. In view of the recent High Court decision in Malindi HCCC Constitutional Petition NO 3 of 2016,until, and unless, that judgment is overturned by a higher Court, lower Courts do not have jurisdiction to handle land matters.
3. In the Circumstances, the prayer to have this suit transferred to Tigania Law Courts is declined.
4. The Registry is directed not to entertain applications for transfer of suits from the ELC to the Lower Courts.
5. As there is a pending appeal against the Malindi decision, litigants should note that the Honourable the Chief Justice has directed that pending determination of the said appeal no applications for transfer of suits from the Lower Courts to ELC should be entertained.
6. The Registry is directed not to entertain applications for transfer of suits from the Lower Courts to the ELC.
7. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 5TH DAY OF DECEMBER, 2016 IN THE PRESENCE OF:-
C:A Daniel/James
Miss Muna h/b Rimita for the Plaintiff
Jackson Kiambati-1st Defendant
Kimathi for 2nd and 3rd Defendants
P.M. NJOROGE
JUDGE