[2018] KEHC 8695 (KLR)
The High Court determined that it lacked jurisdiction to hear and determine the appeal because the underlying dispute concerns title to land. Article 162(2) of the Constitution and Section 13 of the Environment and Land Court Act, 2011 confer exclusive jurisdiction over such matters, including appellate...
Source-derived case information.
- Citation
- [2018] KEHC 8695 (KLR)
- Parties
- Appellant: Zacharia Karanja Kinyanjui; Respondent: George Ngala Awino; Respondent: Elizabeth Kiasyo Kyulu
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 48 of 2016
- Procedural Posture
- Civil Appeal / Appeal From Ruling on Application to Set Aside Ex Parte Order
- Outcome
- Appeal transferred to the Environment and Land Court at Kisumu for hearing and disposal.
- Judges
- DAS Majanja
- Legal Topics
- Jurisdiction of Courts, Transfer of Suit, Sale of Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zacharia Karanja Kinyanjui
Appellant
George Ngala Awino
Respondent
Elizabeth Kiasyo Kyulu
Respondent
Procedural Posture
Civil Appeal / Appeal From Ruling on Application to Set Aside Ex Parte Order
Legal Issues
- 1 Whether the High Court has jurisdiction to hear an appeal concerning title to land.
- 2 Whether the matter should be transferred to the Environment and Land Court.
Ratio Decidendi
The High Court determined that it lacked jurisdiction to hear and determine the appeal because the underlying dispute concerns title to land. Article 162(2) of the Constitution and Section 13 of the Environment and Land Court Act, 2011 confer exclusive jurisdiction over such matters, including appellate jurisdiction, to the Environment and Land Court. Consequently, the appeal was transferred to the appropriate court for hearing and disposal.
Court Disposition
Appeal transferred to the Environment and Land Court at Kisumu for hearing and disposal.
Orders
- The appeal is transferred to the Environment and Land Court at Kisumu for hearing and disposal.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT KISUMU
CIVIL APPEAL NO. 48 OF 2016
BETWEEN
ZACHARIA KARANJA KINYANJUI ………....…..………...…………..……….….. APPELLANT
AND
GEORGE NGALA AWINO ………………………………….……………….. 1ST RESPONDENT
ELIZABETH KIASYO KYULU …………………………………………….…. 2ND RESPONDENT
(Being an appeal from the Ruling and Order of Hon. P. Shinyada, SRM dated 11th October 2016 at the Chief Magistrates Court at Kisumu in Civil Case No. 48 of 2016)
RULING
1. This is an appeal from the ruling and order of the subordinate court where the learned trial magistrate dismissed an application to set aside an ex-parte order.
2. The subject matter of the case is a claim for Kshs. 380,000/- being the deposit arising from the sale of land parcel no. KISUMU MUNICIPALITY/BLOCK 10/686. The contract on which the claim is founded is for the sale of land hence the subject matter falls within and concerns title to land. This court has no jurisdiction to determine the matter by virtue of Article 162(2) of the Constitution as read with section 13 of the Environment and Land Court Act, 2011 which gives exclusive jurisdiction, including appellate jurisdiction, on matters concerning land to the Environment and Land Court.
3. The appeal is therefore transferred to the Environment and Land Court at Kisumu for hearing and disposal.
DATEDandDELIVEREDatKISUMUthis29th day of January 2018.
D.S. MAJANJA
JUDGE
Mr Mwamu instructed by Mwamu and Company Advocates for the appellant.
Mr Odongo instructed by Odongo Awino and Company Advocates for the respondent.