Wanyama v Libuyi & another [2023] KEHC 19435 (KLR)

Wanyama v Libuyi & another (Civil Appeal E019 of 2021) [2023] KEHC 19435 (KLR) (29 June 2023) (Ruling)

Neutral citation: [2023] KEHC 19435 (KLR)

Republic of Kenya

In the High Court at Kakamega

Civil Appeal E019 of 2021

SC Chirchir, J

June 29, 2023

Between

Sylvan Ukokhe Wanyama

Appellant

and

John Libuyi

1st Respondent

Moses Libuyi

2nd Respondent

(Being an appeal from the judgment of Hon. C. Njalale SRM delivered on 1{{^st}} day of April 2021 in Butali spm’s case no 276 of 2008)

Ruling

1. When this matter came up for mention on March 28, 2023 I scheduled it for judgment on June 29, 2023

2. However, on perusing the file for purposes of writing judgment I noticed that the subject matter of the then lower court suit, and consequently this appeal, is breach of contract arising from a land transaction

3. This court has no jurisdiction to deal with matters of land. Consequently, this file is hereby transferred to the Environment and Land court at Kakamega.

4. The matter to be mentioned before the Deputy Registrar of the land court on a date to be given during the delivery of this ruling.

DATED AND SIGNED AT KAKAMEGA THIS 29TH DAY OF JUNE, 2023S. CHIRCHIRJUDGEIn the present of:-Erick- Court AssistantNo appearance by the parties