[2021] KEHC 772 (KLR)
Since oral arguments on the jurisdictional issue were already taken before Hon. Lady Justice F. Amin, the matter is considered part-heard. It is therefore appropriate and in accordance with judicial practice that the same judge who heard the arguments should deliver the ruling. The current judge refrains from making...
Source-derived case information.
- Citation
- [2021] KEHC 772 (KLR)
- Parties
- Plaintiff: Zena Makokha Mohammed; Plaintiff: Martha Atieno Onyango; Defendant: Joyce Pacilisha Shimanyula; Defendant: Thomas Shimanyula Levi; Defendant: Family Bank Limited; Defendant: Pawaba Auctioneers
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 1 of 2021
- Procedural Posture
- Civil Suit / Ruling on Jurisdiction and Transfer of Matter
- Outcome
- Matter referred to Hon. Lady Justice F. Amin for further directions; no ruling on the merits by current judge.
- Judges
- DN Musyoka
- Legal Topics
- Jurisdiction Transfer, Part Heard Matters, Environment and Land Court, High Court Jurisdiction
- 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
Zena Makokha Mohammed
Plaintiff
Martha Atieno Onyango
Plaintiff
Joyce Pacilisha Shimanyula
Defendant
Thomas Shimanyula Levi
Defendant
Family Bank Limited
Defendant
Pawaba Auctioneers
Defendant
Procedural Posture
Civil Suit / Ruling on Jurisdiction and Transfer of Matter
Legal Issues
- 1 Whether the Environment and Land Court has jurisdiction to transfer a matter pending before it to the High Court.
- 2 Whether it is proper for a different judge to deliver a ruling on an issue that was part-heard by another judge.
Ratio Decidendi
Since oral arguments on the jurisdictional issue were already taken before Hon. Lady Justice F. Amin, the matter is considered part-heard. It is therefore appropriate and in accordance with judicial practice that the same judge who heard the arguments should deliver the ruling. The current judge refrains from making a determination and directs that the matter be placed before Hon. Lady Justice F. Amin for further directions.
Court Disposition
Matter referred to Hon. Lady Justice F. Amin for further directions; no ruling on the merits by current judge.
Orders
- The matter shall be placed before Hon. Lady Justice F. Amin for further directions.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CIVIL SUIT NO. 1 OF 2021
ZENA MAKOKHA MOHAMMED................................1ST PLAINTIFF
MARTHA ATIENO ONYANGO.....................................2ND PLAINTIFF
VERSUS
JOYCE PACILISHA SHIMANYULA..........................1ST DEFENDANT
THOMAS SHIMANYULA LEVI.................................2ND DEFENDANT
FAMILY BANK LIMITED...........................................3RD DEFENDANT
PAWABA AUCTIONEERS...........................................4TH DEFENDANT
RULING
1. As I was settling to write a ruling herein, I realised that there were proceedings that were taken on 29th July 2021, before Hon. Lady Justice F. Amin, on the jurisdiction of the Environment and Land Court to transnfer a matter pending before it to the High Court.
2. I was initially of the impression that the Judge had only given directions, for filing of written submissions, and that I could proceed and determine it on the basis of the written submissions. But as oral arguments were taken on 29th july 2021, the matter is, no doubt, part-heard by Hon. Lady Justice F. Amin, and it would only be right to refrain from preparing a ruling on the issue that was before the Judge.
3. Consequently, the matter shall be placed before Hon. Lady Justice F. Amin, for further dircetions . It is so ordered.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAKAMEGA THIS 20TH DAY OF DECEMBER 2021
W. MUSYOKA
JUDGE
IN THE PRESENCE OF:-
ERICK ZALO – COURT ASSISTANT
N/A FOR THE PARTIES