Ongala v County Land Registrar, Siaya & another [2022] KEHC 13174 (KLR)
Full Case Text
Ongala v County Land Registrar, Siaya & another (Miscellaneous Civil Case E025 of 2022) [2022] KEHC 13174 (KLR) (20 September 2022) (Ruling)
Neutral citation: [2022] KEHC 13174 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Civil Case E025 of 2022
RE Aburili, J
September 20, 2022
Between
George Onyuka Ongala
Applicant
and
County Land Registrar, Siaya
1st Respondent
County Land Surveyor, Siaya
2nd Respondent
Ruling
1. I have considered the application dated August 29, 2022, the grounds, the supporting affidavit and annextures as well as the annextures thereto.
2. I have also considered the oral submissions by the applicant who is self-represented. I observe that the applicant’s issue arises from ELC 63A/2019 which is a land case before Senior Principal Magistrate’s Court at Siaya and the dispute is over boundary to his land which he says, as per the order of September 2, 2021 issued by Hon J Ongondo Senior Principal Magistrate, the Land Registrar has refused to comply to establish the boundaries for Land Parcel No Siaya/Bar Osimbo/687 and 688 as well as 674 respectively. No doubt, the dispute is over land and only the court which issued the orders can compel execution or performance.
3. Besides, this court is expressly barred by article 165(5)(b) of the Constitution and article 162(2)(b) of the Constitution from hearing and determining disputes relating to ownership, occupation of or title to land. A boundary dispute falls within the jurisdiction of the Environment and Land Court not the High court.
4. Furthermore, the Senior Principal Magistrate’s Court that issued the order is a gazette Environment and Land Court with power to supervise execution. I find no reason therefore to place this file before the court of equal status-ELC.
5. For want of jurisdiction, I hereby strike out the application dated August 29, 2022 with no orders as to costs.
6. File closed.
7. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 20TH DAY OF SEPTEMBER, 2022R.E. ABURILIJUDGE