[2023] KEHC 19435 (KLR)
The High Court lacks jurisdiction to determine disputes whose subject matter is land, including appeals arising from breach of contract in land transactions. Upon realizing the nature of the dispute, the court must transfer the matter to the Environment and Land Court, which is the proper forum for adjudicating such...
Source-derived case information.
- Citation
- [2023] KEHC 19435 (KLR)
- Parties
- Appellant: Sylvan Ukokhe Wanyama; Respondent: John Libuyi; Respondent: Moses Libuyi
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E019 of 2021
- Procedural Posture
- Civil Appeal / Ruling on Jurisdiction and Transfer
- Outcome
- Transferred to the Environment and Land Court at Kakamega for want of jurisdiction.
- Judges
- SC Chirchir
- Legal Topics
- Jurisdiction, Transfer of Suit, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sylvan Ukokhe Wanyama
Appellant
John Libuyi
Respondent
Moses Libuyi
Respondent
Procedural Posture
Civil Appeal / Ruling on Jurisdiction and Transfer
Legal Issues
- 1 Does the High Court have jurisdiction to hear an appeal involving a breach of contract arising from a land transaction.
- 2 Should the matter be transferred to the Environment and Land Court.
Ratio Decidendi
The High Court lacks jurisdiction to determine disputes whose subject matter is land, including appeals arising from breach of contract in land transactions. Upon realizing the nature of the dispute, the court must transfer the matter to the Environment and Land Court, which is the proper forum for adjudicating such issues. The transfer is necessary to ensure that the matter is heard by a court with the requisite jurisdiction as mandated by the Constitution and relevant statutes.
Court Disposition
Transferred to the Environment and Land Court at Kakamega for want of jurisdiction.
Orders
- This file is hereby transferred to the Environment and Land Court at Kakamega.
- The matter to be mentioned before the Deputy Registrar of the Environment and Land Court on a date to be given during the delivery of this ruling.
Full Case Text
Judgment text and source record
22 paragraphs
Wanyama v Libuyi & another (Civil Appeal E019 of 2021) [2023] KEHC 19435 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19435 (KLR)
Republic of Kenya
In the High Court at Kakamega
Civil Appeal E019 of 2021
SC Chirchir, J
June 29, 2023
Between
Sylvan Ukokhe Wanyama
Appellant
and
John Libuyi
1st Respondent
Moses Libuyi
2nd Respondent
(Being an appeal from the judgment of Hon. C. Njalale SRM delivered on 1{{^st}} day of April 2021 in Butali spm’s case no 276 of 2008)
Ruling
1. When this matter came up for mention on March 28, 2023 I scheduled it for judgment on June 29, 2023
2. However, on perusing the file for purposes of writing judgment I noticed that the subject matter of the then lower court suit, and consequently this appeal, is breach of contract arising from a land transaction
3. This court has no jurisdiction to deal with matters of land. Consequently, this file is hereby transferred to the Environment and Land court at Kakamega.
4. The matter to be mentioned before the Deputy Registrar of the land court on a date to be given during the delivery of this ruling.
DATED AND SIGNED AT KAKAMEGA THIS 29TH DAY OF JUNE, 2023S. CHIRCHIRJUDGEIn the present of:-Erick- Court AssistantNo appearance by the parties