Obwar v Ochanda [2022] KEHC 13108 (KLR)

Obwar v Ochanda (Civil Appeal E029 of 2022) [2022] KEHC 13108 (KLR) (19 September 2022) (Ruling)

Neutral citation: [2022] KEHC 13108 (KLR)

Republic of Kenya

In the High Court at Siaya

Civil Appeal E029 of 2022

RE Aburili, J

September 19, 2022

Between

Gladys Obwar

Appellant

and

Samuel Otieno Ochanda

Respondent

(An Appeal arising from Judgment and order from Ukwala PMCC No. 69 of 2017)

Ruling

1. I have considered the memorandum of appeal and the application dated 7/9/2022 under certificate of urgency.

2. I have also perused the plaint filed in the lower court in respect of the dispute between the parties.

3. It is obvious that the claim was on occupation and title to land and alleged trespass thereto.

4. For that reason and by dint of articles 162 (2) (b) and 165 (5) (b) of the Constitution, as read with section 13 (1) (7) of the Environmental and Land Court Act, this court is deprived of jurisdiction to hear and determine disputes exclusively reserved for the specialized court namely the Environment and Land Court. Accordingly, I decline jurisdiction and direct that this matter is hereby placed before the Environment and Land Court for further necessary action.

5. The file in the High Court is hereby closed.

6. Orders accordingly.

DATED, SIGNED AND DELIVERED IN OPEN COURT AT SIAYA THIS 19TH DAY OF SEPTEMBER, 2022R.E. ABURILIJUDGE