Inticon Africa Limited & another v George Philip Investment Limited t/a Rock Motel, Davis & Shirtliff Limited [2022] KEHC 14657 (KLR) | Jurisdiction Of Courts | Esheria

Inticon Africa Limited & another v George Philip Investment Limited t/a Rock Motel, Davis & Shirtliff Limited [2022] KEHC 14657 (KLR)

Full Case Text

Inticon Africa Limited & another v George Philip Investment Limited t/a Rock Motel, Davis & Shirtliff Limited (Miscellaneous Civil Case E112 of 2022) [2022] KEHC 14657 (KLR) (3 November 2022) (Ruling)

Neutral citation: [2022] KEHC 14657 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Civil Case E112 of 2022

RE Aburili, J

November 3, 2022

Between

Inticon Africa Limited

1st Applicant

Harish K. Patel

2nd Applicant

and

George Philip Investment Limited t/a Rock Motel, Davis & Shirtliff Limited

Respondent

(Being an Application for leave to appeal out of time from Maseno SPM CC ELC 18/2018)

Ruling

1. From the pleadings in this file, it is apparent that the subject matter giving rise to this file arises from ELC Magistrate’s court at Maseno. An appeal or intended appeal from ELC Magistrate’s court can only be filed before the ELC superior court which has the same status as the High Court, and not before the High Court.

2. This is because jurisdiction of the two courts are expressly provided for under the Constitution at articles 162(2)(b) and 165 respectively.

3. Furthermore, article 165(5)(b) of the Constitution expressly bars the High Court from hearing and determining disputes which are exclusively reserved for the courts contemplated under article 162(2) of the Constitution and the Supreme Court.

4. For the above reasons, it is clear that this application for leave to appeal out of time from Maseno SPM CC ELC 18/2018 between George Philip Investment Limited T/A Rock Motel v Davis Shirtliff Limited, Inticon Africa Limited & Harsh K Patel is misplaced as this court is devoid of any jurisdiction to hear and determine appeals arising from Environment and Land Court subordinate courts.

5. The application dated June 13, 2022 is therefore found to be incompetently filed before this court and without jurisdiction, which is everything for any court of laws, this court can do no more than down its tools which I hereby do and strike out the application dated 13/6/2022 with no orders as to costs.

6. This file is accordingly closed.

7. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 3RD DAY OF NOVEMBER, 2022R.E. ABURILIJUDGE