[2025] KEHC 6603 (KLR)

[2025] KEHC 6603 (KLR)

The High Court (Commercial Division) lacks jurisdiction to hear appeals from the Business Premises Tribunal. Jurisdiction is strictly conferred by the Constitution or statute, and cannot be assumed or transferred by the parties or the court. The proper forum for such appeals is the Environment and Land Court. The power to transfer cases between courts does not extend to situations where the original court lacks jurisdiction ab initio; such matters are void and must be dismissed. Consequently, the appeal, having been filed in a court without jurisdiction, is dismissed with costs and will not be transferred to the Environment and Land Court.

Citation
[2025] KEHC 6603 (KLR)
Parties
Appellant: Douglas Otieno Were; Respondent: Moses Kariuki Miano
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
22 May 2025
Case Number
Commercial Appeal E066 of 2023
Procedural Posture
Commercial Appeal / Ruling on Preliminary Objection
Outcome
appeal dismissed for want of jurisdiction
Judges
NW Sifuna
Legal Topics
Jurisdiction of High Court, Appeals From Tribunals, Transfer of Proceedings, Business Premises Tribunal
Source Language
English
Civil Procedure Commercial and Corporate Jurisdiction of High Court Appeals From Tribunals Transfer of Proceedings Business Premises Tribunal

Case Brief

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Parties

Douglas Otieno Were

Appellant

Moses Kariuki Miano

Respondent

Procedural Posture

Commercial Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the High Court (Commercial Division) has jurisdiction to hear appeals from the Business Premises Tribunal.
  2. 2 Whether the appeal should be transferred to the Environment and Land Court if the High Court lacks jurisdiction.

Ratio Decidendi

The High Court (Commercial Division) lacks jurisdiction to hear appeals from the Business Premises Tribunal. Jurisdiction is strictly conferred by the Constitution or statute, and cannot be assumed or transferred by the parties or the court. The proper forum for such appeals is the Environment and Land Court. The power to transfer cases between courts does not extend to situations where the original court lacks jurisdiction ab initio; such matters are void and must be dismissed. Consequently, the appeal, having been filed in a court without jurisdiction, is dismissed with costs and will not be transferred to the Environment and Land Court.

Court Disposition

appeal dismissed for want of jurisdiction

Orders

  • The appeal is dismissed for want of jurisdiction.
  • The Appellant shall bear the costs of the appeal.