Lerianko Ole Soit & another v Kakui Nawankas [2020] eKLR Case Summary

Court
High Court of Kenya at Narok
Category
Civil
Judge(s)
J. M. Bwonwonga
Judgment Date
October 27, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: Lerianko Ole Soit & another v Kakui Nawankas [2020] eKLR


1. Case Information:
- Name of the Case: Lerianko Ole Soit Alias Joseph Lelionka Soit & David Konchellah Alias Debara Rosoroso v. Kakui Nawankas
- Case Number: Misc Civil Application No. 12 of 2020
- Court: High Court of Kenya at Narok
- Date Delivered: 27th October 2020
- Category of Law: Civil
- Judge(s): J. M. Bwonwonga
- Country: Kenya

2. Questions Presented:
The central legal issues presented before the court include:
1. Whether the High Court has jurisdiction to hear the application for withdrawal and transfer of the suit from the Principal Magistrate’s Court to the Environment and Land Court.
2. Whether the application is res judicata due to previous dismissals of similar applications.

3. Facts of the Case:
The applicants, Lerianko Ole Soit and David Konchellah, sought to withdraw a suit (Kilgoris PMCC No. 42 of 2019) from the Principal Magistrate’s Court and transfer it to the Environment and Land Court for proper adjudication. This request was based on the assertion that the respondent, Kakui Nawankas, had previously obtained an ex parte judgment against them in Kisii HCCC No. 61 of 2009, which had not been properly adjudicated, as the case involved land worth over Shs 20,000,000/-. The applicants argued that the magistrate could not set aside the High Court's judgment and that the matter was beyond the magistrate's jurisdiction.

The respondent countered by asserting that the judgment in question had been delivered in the presence of the applicants, granting him ownership of the disputed land and issuing an injunction against the applicants. He further contended that the matter had been duly transferred to the magistrate’s court and that the applicants should have sought a review in the Environment and Land Court, thus challenging the jurisdiction of the High Court.

4. Procedural History:
The case progressed as follows:
- The applicants filed a motion seeking to withdraw and transfer the suit from the Kilgoris PMCC to the Environment and Land Court, supported by multiple grounds.
- The respondent opposed the application through a replying affidavit and a preliminary objection, claiming that the High Court lacked jurisdiction and that the matter was res judicata due to a previous dismissal of a similar application.
- The court considered the preliminary objection and the arguments from both parties before making a ruling.

5. Analysis:
- Rules: The court considered several legal provisions, including sections 18 (1) b, (2), 3A, 1A, and 1B of the Civil Procedure Act and section 13 of the Environment and Land Court Act, which delineates the jurisdiction of the Environment and Land Court in matters concerning land disputes.

- Case Law: The court reviewed previous cases that established the jurisdictional boundaries and the principle of res judicata under section 7 of the Civil Procedure Act, emphasizing that once a matter has been adjudicated, it cannot be re-litigated in a different forum.

- Application: The court determined that the Environment and Land Court had exclusive jurisdiction over the land dispute in question. It concluded that the High Court could not entertain the application, as it was not within its jurisdiction to set aside the prior judgment from the High Court in Kisii HCCC No. 61 of 2009. Consequently, the court transferred the application to the Environment and Land Court for appropriate resolution.

6. Conclusion:
The High Court ruled that it lacked jurisdiction to hear the application and transferred the matter to the Environment and Land Court, emphasizing the importance of adhering to jurisdictional boundaries in land disputes. This ruling underscores the procedural integrity necessary in adjudicating land matters in Kenya.

7. Dissent:
There were no dissenting opinions noted in the ruling, as the decision was delivered by a single judge, J. M. Bwonwonga.

8. Summary:
The case illustrates the importance of jurisdiction in civil proceedings, particularly in land disputes in Kenya. The High Court's ruling to transfer the case to the Environment and Land Court reinforces the legal framework that governs land disputes, ensuring that such matters are handled by the appropriate court with the requisite authority. This decision also highlights the procedural requirements that parties must adhere to when contesting judgments in higher courts.

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