Korir v Yator [2025] KEHC 5888 (KLR)

Korir v Yator (Miscellaneous Civil Application E057 of 2025) [2025] KEHC 5888 (KLR) (7 May 2025) (Ruling)

Neutral citation: [2025] KEHC 5888 (KLR)

Republic of Kenya

In the High Court at Nakuru

Miscellaneous Civil Application E057 of 2025

JM Nang'ea, J

May 7, 2025

Between

Charles Korir

Applicant

and

Joseph Yator

Respondent

Ruling

1. This Notice of Motion application is for the reliefs as hereunder;-1. Spent2. Spent3. Spent4. That the Applicant be granted leave to appeal out of time in Molo CC ELC No. 50 of 2019 (sic).5. That the costs of the application be provided for.

2. The Applicant’s affidavit in support of the application indicates that the dispute before the lower court is over ownership of land. Environment an Land Disputes are the exclusive jurisdiction of the Environment and Land Court, a court of equal status as this court created by the Constitution.

3. This court is therefore bereft of jurisdiction and the application is struck out with no order as to costs.

RULING DELIVERED THIS 7TH DAY OF MAY 2025 IN THE PRESENCE OF:J. M. NANG’EA, JUDGE.Applicant’s Advocate, Mr. Kenda for Mr. BosireRespondent, AbsentThe Court Assistant(Jeniffer)J. M. NANG’EA, JUDGE.