[2023] KEHC 22467 (KLR)
The High Court determined that it lacked jurisdiction to entertain the application because the dispute between the parties was a landlord and tenant matter, which falls squarely within the jurisdiction of the Environment and Land Court as established by statute and the Constitution. The court emphasized that the...
Source-derived case information.
- Citation
- [2023] KEHC 22467 (KLR)
- Parties
- Applicant: Ternic Valuers Limited; Respondent: Robert Ouma Ochieng
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E138 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Jurisdictional Objection
- Outcome
- application struck out for want of jurisdiction
- Judges
- RE Aburili
- Legal Topics
- Jurisdiction of Court, Landlord Tenant Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ternic Valuers Limited
Applicant
Robert Ouma Ochieng
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Jurisdictional Objection
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine the landlord and tenant dispute presented in this application.
- 2 Whether the matter should be referred to the Environment and Land Court.
Ratio Decidendi
The High Court determined that it lacked jurisdiction to entertain the application because the dispute between the parties was a landlord and tenant matter, which falls squarely within the jurisdiction of the Environment and Land Court as established by statute and the Constitution. The court emphasized that the transitional period for administrative referrals has long expired, given that the Environment and Land Court has been operational for over a decade. Consequently, the application was struck out for want of jurisdiction, and the file was closed without any orders as to costs.
Court Disposition
application struck out for want of jurisdiction
Orders
- The application dated August 21, 2023 is struck out for want of jurisdiction.
- No orders as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
Ternic Valuers Limited v Ochieng (Miscellaneous Civil Application E138 of 2023) [2023] KEHC 22467 (KLR) (21 September 2023) (Ruling)
Neutral citation: [2023] KEHC 22467 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application E138 of 2023
RE Aburili, J
September 21, 2023
Between
Ternic Valuers Limited
Applicant
and
Robert Ouma Ochieng
Respondent
(Being an appeal from the Judgment and Decree of Hon. Oanda (SPM) delivered on 7th July 2023 in Winam Civil Case No. E279 of 2023))
Ruling
1. The dispute subject of litigation herein is between Landlord and Tenant. The court vested with jurisdiction to hear and determine the dispute herein is the Environment and Land Court and not this court.
2. In the premises, I hereby decline to entertain the application as filed.
3. The parties have asked the court to administratively refer the matter to the Environment and Land Court. However, this is not the transitional period. The Environment and Land Court was established over ten (10) years ago and the definition of court in the Landlord and Tenant Act is the Environment and Land Court.
4. Albeit the lower court may have handled the case as a civil suit, the lower court was a gazetted court to hear and determine Land and Environment cases.
5. For the above reasons and for want of jurisdiction, I hereby strike out the application dated August 21, 2023 with no orders as to costs.
6. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 21ST DAY OF SEPTEMBER, 2023. R. E. ABURILIJUDGE