Supeyo Ole Nkako v Parmayian Ole Nkako [2016] KEHC 4370 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAKURU

CIVIL APPEAL  NUMBER 107 OF 2013

BETWEEN

SUPEYO OLE NKAKO .......................................................APPELLANT

AND

PARMAYIAN OLE NKAKO................................................RESPONDENT

(Being an appeal from the Judgment and Decree of the Hon. Z. Abdul, Resident Magistrate in Narok dated 29th May, 2013 in the Narok Senior Principal Magistrate's Court Civil Case No. 71 of 2011)

RULING/DIRECTIONS

This  appeal arises from the judgment of the trial court RMCC NO. 71 of 2011 delivered on the 29th May 2013.

The trial court was based on the sale, use and occupation landParcel No. 392 Oloso Olesito Adjudication Section.  The plaintiff now the appellant, sought an order of eviction of the respondent from the suit property and an order of the respondent from the suit property and an order of permanent injunction to restrain the respondent from trespassing or remaining or cultivating or dealing in any manner with the said land parcel.

Being dissatisfied with the trial Magistrate's judgment, this appeal was filed.

From the above background, it is evident that this appeal belongs to the Environment and Land Court whose jurisdiction relate to the use, occupation and title to land.

Practice Direction issued by the Honourable Chief Justice and Gazetted under Notice No.5178 of the 25th July 2014mandates that all proceedings relating to the Environment and Land Court tht are not part heard by the court be transferred for disposal to the Environment and Land Court.

This is an appeal from a matter touching on land from the Resident Magistrate's Court at Narok. Ordinarily, I would have ordered that the appeal be transferred for hearing before the High Court at Narok.  But there is no Environment and Land Court Judge sitting there.  I shall therefore order and direct that this appeal be transferred to the Environment and Land Court sitting at Nakuru for hearing  and determination.

Parties are to take a mention date before the Environment and Land Court for directions on the hearing of the same.

Dated, signed and delivered in open court on the 2nd June 2016.

JANET MULWA

JUDGE

In the presence of

Langat for the Appellant

In absence of the respondent

Court Assistant – Linah.