Atieno v Oyoo [2024] KEHC 12419 (KLR)

Atieno v Oyoo (Miscellaneous Civil Case 333 of 2024) [2024] KEHC 12419 (KLR) (8 October 2024) (Ruling)

Neutral citation: [2024] KEHC 12419 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Civil Case 333 of 2024

MS Shariff, J

October 8, 2024

Between

Rostika Atieno

Plaintiff

and

Francis Oyoo

Defendant

Ruling

1. I have considered the notice of motion dated 19th September 2024 and the affidavit in support thereof sworn by Rostica Atieno Ouma on even date and I do note that the subject matter of the application is land which is within the jurisdiction of the Environment and Land Court by dint of Section 13 of the Environment & Land Court Act and article 162/2/(b) of the Constitution of Kenya 2010. Jurisdiction is everything and this court cannot assign itself jurisdiction that it has not been clothed with by either the Constitution or Statute.

2. I therefore have to down my tools: See Owners of Motor Vessel Lilian S -vs- Caltex Oil (1989) KLR.

3. This application is thus struck out with no orders as to costs.

4. This file is marked as closed.

DATED, SIGNED AND DELIVERED THIS 8THDAY OF OCTOBER, 2024M. S. ShariffJUDGE