[2016] KEHC 4370 (KLR)
The High Court determined that it lacked jurisdiction to hear the appeal as the subject matter concerned use, occupation, and title to land, which falls under the exclusive jurisdiction of the Environment and Land Court. Pursuant to the Practice Directions issued by the Chief Justice and the relevant statutory...
Source-derived case information.
- Citation
- [2016] KEHC 4370 (KLR)
- Parties
- Appellant: Supeyo Ole Nkako; Respondent: Parmayian Ole Nkako
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 107 of 2013
- Procedural Posture
- Civil Appeal / Ruling on Transfer of Appeal to Proper Court
- Outcome
- Appeal transferred to the Environment and Land Court sitting at Nakuru for hearing and determination.
- Judges
- JK Mulwa
- Legal Topics
- Land Ownership Disputes, Eviction Orders, Injunctions, Jurisdiction Transfer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Supeyo Ole Nkako
Appellant
Parmayian Ole Nkako
Respondent
Procedural Posture
Civil Appeal / Ruling on Transfer of Appeal to Proper Court
Legal Issues
- 1 Whether the High Court at Nakuru has jurisdiction to hear an appeal relating to use, occupation, and title to land.
- 2 Whether the appeal should be transferred to the Environment and Land Court as per the Chief Justice's Practice Directions.
Ratio Decidendi
The High Court determined that it lacked jurisdiction to hear the appeal as the subject matter concerned use, occupation, and title to land, which falls under the exclusive jurisdiction of the Environment and Land Court. Pursuant to the Practice Directions issued by the Chief Justice and the relevant statutory framework, the court ordered the transfer of the appeal to the Environment and Land Court sitting at Nakuru for hearing and determination. The absence of an Environment and Land Court Judge at Narok necessitated the transfer to Nakuru, ensuring compliance with the jurisdictional requirements and proper forum for adjudication of land disputes.
Court Disposition
Appeal transferred to the Environment and Land Court sitting at Nakuru for hearing and determination.
Orders
- The appeal is transferred to the Environment and Land Court sitting at Nakuru for hearing and determination.
- Parties to take a mention date before the Environment and Land Court for directions.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
CIVIL APPEAL NUMBER 107 OF 2013
BETWEEN
SUPEYO OLE NKAKO .......................................................APPELLANT
AND
PARMAYIAN OLE NKAKO................................................RESPONDENT
(Being an appeal from the Judgment and Decree of the Hon. Z. Abdul, Resident Magistrate in Narok dated 29th May, 2013 in the Narok Senior Principal Magistrate's Court Civil Case No. 71 of 2011)
RULING/DIRECTIONS
This appeal arises from the judgment of the trial court RMCC NO. 71 of 2011 delivered on the 29th May 2013.
The trial court was based on the sale, use and occupation landParcel No. 392 Oloso Olesito Adjudication Section. The plaintiff now the appellant, sought an order of eviction of the respondent from the suit property and an order of the respondent from the suit property and an order of permanent injunction to restrain the respondent from trespassing or remaining or cultivating or dealing in any manner with the said land parcel.
Being dissatisfied with the trial Magistrate's judgment, this appeal was filed.
From the above background, it is evident that this appeal belongs to the Environment and Land Court whose jurisdiction relate to the use, occupation and title to land.
Practice Direction issued by the Honourable Chief Justice and Gazetted under Notice No.5178 of the 25th July 2014mandates that all proceedings relating to the Environment and Land Court tht are not part heard by the court be transferred for disposal to the Environment and Land Court.
This is an appeal from a matter touching on land from the Resident Magistrate's Court at Narok. Ordinarily, I would have ordered that the appeal be transferred for hearing before the High Court at Narok. But there is no Environment and Land Court Judge sitting there. I shall therefore order and direct that this appeal be transferred to the Environment and Land Court sitting at Nakuru for hearing and determination.
Parties are to take a mention date before the Environment and Land Court for directions on the hearing of the same.
Dated, signed and delivered in open court on the 2nd June 2016.
JANET MULWA
JUDGE
In the presence of
Langat for the Appellant
In absence of the respondent
Court Assistant – Linah.