Martin Ohayo Odus v Barrack Owino Odus [2022] KEHC 1519 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

CIVIL APPEAL NO. E004 OF 2022

CORAM: HON. R.E. ABURILI, J

MARTIN OHAYO ODUS..........................................................APPELLANT

VERSUS

BARRACK OWINO ODUS.................................................. RESPONDENT

(An Appeal arising from Ruling on 28th February, 2022 and directions issued on 9/12/2021 at Bondo PM’s Court in Civil Suit No. 13 of 2020 by Hon. J.P. Nandi, Principal Magistrate)

RULING

1. The lower court file in respect of this appeal was availed on 9/3/2022. I have perused the lower court record, the pleadings and judgment delivered on 2/3/2022. It is clear to me that the cause of action in the lower court giving rise to this appeal which is the ruling made on 28th February, 2022 declining the setting aside of proceedings has been overtaken by events and most probably, the reason why the appellant is no longer interested in attending to this matter despite service upon him of the notice to appear.

2. I have perused the lower court record. The matter which led to this appeal being determined is no longer live.

3. In addition, and more importantly, the suit was for claim over title to land. This court is devoid of any jurisdiction by dint of Articles 162(2) (b) & 165(5) (b) as read with Section 13(1) and (7) of the Environment and Land Court Act, to hear and determine any disputes relating to title to land. The suit claimed for a declaration that the Plaintiff is the duly registered owner of Land Parcel No Siaya/Got Agulu/39 and to permanently injunct the defendant from interfering in any way with the Plaintiff’s said property.

4. Accordingly, I find this appeal misguided. For want of jurisdiction which this court cannot arrogate itself of, I hereby proceed and strike out this appeal with no order as to costs. Parties to be notified.

5. File closed.

6. Orders accordingly.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 14TH DAY OF MARCH, 2022

R.E. ABURILI

JUDGE