Oloo v Sweta & 5 others [2023] KEHC 23501 (KLR)

Oloo v Sweta & 5 others (Civil Case 99 of 2005) [2023] KEHC 23501 (KLR) (9 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23501 (KLR)

Republic of Kenya

In the High Court at Kisumu

Civil Case 99 of 2005

RE Aburili, J

October 9, 2023

Between

John Bruno Oloo

Plaintiff

and

Joseph Agingu Sweta

1st Defendant

County Council Of Kisumu

2nd Defendant

District Land Registrar

3rd Defendant

The Attorney General

4th Defendant

Rana Auto Selection Limited

5th Defendant

Diamond Trust Bank Kenya Limited

6th Defendant

Ruling

1. This suit was initiated in 2005 vide plaint dated July 29, 2005 which was way before the 2010 Constitution was promulgated and the establishment of the Environment and Land Court.

2. The original court file vanished and this file was reconstructed on June 15, 2023.

3. The Plaintiff sought for orders of injunction restraining the defendants from interfering with the ongoing construction on the suit property Kisumu/Nyalenda ‘B’/310 and general damages for trespass occasioned by the defendant’s alleged disruption by delaying completion of the construction work, among other prayers.

4. The defendants filed counterclaim seeking for cancellation of title to one of the parcels of land.

5. That being the case, the dispute entirely falls within the jurisdiction of the Environment and Land Court pursuant to the provisions of article 162 (2) (b) of the Constitution and section 13 (1) and (7) of the Environment and Land Court Act.

6. For that reason, I hereby transfer this suit to the Environment and Land Court for hearing and final disposal.

7. Mention before the ELC on October 16, 2023 for directions.

8. From the High Court, this file is closed.

9. Ruling to be typed.

10. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 9THDAY OF OCTOBER, 2023. R. E. ABURILIJUDGE