[2015] KEHC 1415 (KLR)
The High Court lacks jurisdiction to hear and determine applications relating to land matters, including execution of decrees for transfer of land title, as such matters fall exclusively within the jurisdiction of the Environment and Land Court. The application, being one for execution of a decree in a land dispute,...
Source-derived case information.
- Citation
- [2015] KEHC 1415 (KLR)
- Parties
- Plaintiff: Wanoi Karani; Defendant: Muriithi Wambugu; Defendant: Stephen Munene
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Civil Case 56 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Execution of Decree
- Outcome
- Application declined for want of jurisdiction.
- Legal Topics
- Adverse Possession, Jurisdiction, Execution of Decree, Transfer of Land Title
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wanoi Karani
Plaintiff
Muriithi Wambugu
Defendant
Stephen Munene
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Execution of Decree
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain an application relating to the execution of a decree for transfer of land title after a finding of adverse possession.
- 2 Whether the application should be heard by the Environment and Land Court.
Ratio Decidendi
The High Court lacks jurisdiction to hear and determine applications relating to land matters, including execution of decrees for transfer of land title, as such matters fall exclusively within the jurisdiction of the Environment and Land Court. The application, being one for execution of a decree in a land dispute, must therefore be heard and determined by the Environment and Land Court. The court declines to entertain the application and directs the parties to take a hearing date before the appropriate court.
Court Disposition
Application declined for want of jurisdiction.
Orders
- Parties directed to appear before the Deputy Registrar to take a suitable date for hearing before the Environment and Land Court.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERUGOYA
CIVIL CASE NO. 56 OF 2005
FORMERLY NYERI MISC 54 OF 1984
WANOI KARANI......................................................PLAINTIFF
VERSUS
MURIITHI WAMBUGU
STEPHEN MUNENE..................................................DEFENDANTS
RULING
By their notice of motion dated 8th December, 2006, counsel for the applicant are seeking an order from this court to direct the Deputy Registrar to sign the necessary documents to effect a transfer of the suit land ref No Mutira/Kirunda/578 from the names of the Respondents to that of the applicant.
The said application which is expressed to be brought under section 98 of the Civil Procedure Rules(sic) is supported by the applicant's affidavit.
According to that affidavit, the applicant is the decree holder following his successful claim of adverse possession against the Respondents.
The Respondents did not appear for the hearing of this application although they were served with a hearing notice. I find from the affidavit of service dated 21st September, 2015 that the Respondents were properly served and had adequate notice.
This is a land dispute which ended in favour of the applicant. It is at the stage of execution. There is a jurisdictional issue involved in this matter. According to the Court of Appeal (at Malindi) in Karisa Chengo and 2 Others v. R, Criminal Appeal Nos 44, 45 and 76 of 2014, a judge of the Environment and Land Court has no jurisdiction to hear and determine a criminal appeal. Such a judge can only hear and determine land disputes and related matters.
The Court of Appeal in that appeal put the matter in the following terms
“......In the premises, we would agree with the submission that a judge appointed to any of the two specialized court does not have jurisdiction to sit courts other than the one he/she was specifically appointed to.....”
The two specialized courts referred to above are the Environment and Land Court and the Employment and Labour Relations Court (formerly the Industrial Court).
In the light of the foregoing, I do not have jurisdiction to hear and determine this application. The reason being that it touches on matters of land, which are exclusively reserved for the Environment and Land Court.
It is for this reason that since I only exercise functions of the High Court. I hereby decline to entertain this application.
In the circumstances, the parties are hereby directed to appear before the Deputy Registrar to take a suitable date for the matter to be heard and determined by the Environment and Land Court.
RULING DATED, SIGNEDand DELIVERED in open court at EMBU this 12th day of OCTOBER .2015
In the absence of both counsel and the parties.
Court clerk Mr Njue
J.M. BWONWONGA
JUDGE
12. 10. 15