[2012] KEHC 1200 (KLR)
The court held that since the judges of the Land and Environment Court had not been sworn in as at 20th September, 2012, the High Court retained jurisdiction to hear the matter pursuant to Clause No. 2 of the Practice Directions by the Chief Justice. The preliminary objection challenging the court's jurisdiction was...
Source-derived case information.
- Citation
- [2012] KEHC 1200 (KLR)
- Parties
- Plaintiff: Ute Hertha Goodwin; Plaintiff: Violet May Finlay; Defendant: Ben Kithi
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 105 of 2012
- Procedural Posture
- Civil Suit / Ruling on Preliminary Objection
- Outcome
- preliminary objection dismissed; matter transferred to Land and Environment Court
- Judges
- CW Meoli
- Legal Topics
- Jurisdiction of Court, Practice Directions, Transfer of Matters
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ute Hertha Goodwin
Plaintiff
Violet May Finlay
Plaintiff
Ben Kithi
Defendant
Procedural Posture
Civil Suit / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the High Court had jurisdiction to hear the matter in light of the establishment of the Land and Environment Court.
- 2 Whether the preliminary objection challenging jurisdiction had merit.
Ratio Decidendi
The court held that since the judges of the Land and Environment Court had not been sworn in as at 20th September, 2012, the High Court retained jurisdiction to hear the matter pursuant to Clause No. 2 of the Practice Directions by the Chief Justice. The preliminary objection challenging the court's jurisdiction was therefore without basis and was dismissed with costs. The court further directed that now that the Land and Environment Court had been established, the matter should be heard before that court.
Court Disposition
preliminary objection dismissed; matter transferred to Land and Environment Court
Orders
- The preliminary objection is dismissed with costs.
- The matter is to be heard before the Land and Environment Court.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
High Court at Malindi
Civil Suit 105 of 2012 [if gte mso 9]><xml>
14. 00
</xml><![endif][if gte mso 9]><xml>
Normal 0
false false false
EN-US X-NONE X-NONE
</xml><![endif][if gte mso 9]><![endif][if gte mso 10]> <style> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; text-autospace:ideograph-other; font-size:12. 0pt;"Liberation Serif","serif";} </style> <![endif]
1. UTE HERTHA GOODWIN
2. VIOLET MAY FINLAY.............................................................................PLAINTIFFS
VERSUS
BEN KITHI..............................................................................................DEFENDANTS
R U L I N G
By virtue of Clause No. 2 of the Practice Directions by the Chief Justice gazetted vide Gazette Notice no. 1617 of 9th February, 2012, this court has the necessary jurisdiction. The judges of the Land and Environment Court had not been sworn in to assume office as at 20th September, 2012. The preliminary objection lacks a basis and is dismissed with costs. Now that the Land and Environment Court has been established in this court, I direct that this matter be heard before that court.
Delivered and signed at Malindi this 7th day of November, 2012in the presence of Mr. Bosire advocate for Mr. Kilonzo for the defendants.
C. W. Meoli
JUDGE
7th November, 2012