Case ID:162335

Edward Orangi Ogolla v Mathilda Achieng Oduor [2019] eKLR

Case Metadata

Case Number:

Civil Appeal 18 of 2018

Parties:

Edward Orangi Ogolla v Mathilda Achieng Oduor

Date Delivered:

31 Oct 2019

Case Class:

Civil

Court:

High Court at Siaya

Case Action:

Ruling

Judge(s):

Roselyne Ekirapa Aburili

Citation:

Edward Orangi Ogolla v Mathilda Achieng Oduor [2019] eKLR

Case History:

Being an Appeal originating from Principal Magistrate’s Court, Ukwala vide Civil Case No. 56 of 2015 dated 11th October 2018 before Hon. G. Adhiambo, Senior Resident Magistrate

Court Division:

Civil

County:

Siaya

History Docket No:

Civil Case 56 of 2015

History Magistrate:

Hon. G. Adhiambo, Senior Resident Magistrate

History County:

Homa Bay

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

CIVIL APPEAL NO. 18 OF 2018

(CORAM: R. E. ABURILI - J.)

EDWARD ORANGI OGOLLA.............................................APPELLANT

- VERSUS -

MATHILDA ACHIENG ODUOR.....................................RESPONDENT

(Being an Appeal originating from Principal Magistrate’s Court, Ukwala vide Civil Case No. 56 of 2015 dated 11

th

October 2018 before Hon. G. Adhiambo, Senior Resident Magistrate)

RULING

1. I have considered the appeal herein. The Appeal herein is summarily rejected as the subject matter before the trial court and on appeal relates to possession/occupation of land which is outside the purview of this court.

2.

Articles 162(2)(b), 165(5) (b) of the Constitution and Section 13 of the Land Act

confer to the Environment and Land Court exclusive original and appellate jurisdiction in such matters and expressly bars the High Court from hearing and determining such disputes.

3. Accordingly, this appeal is summarily rejected for want of jurisdiction.

4. File closed, parties to be notified by the Registry.

Orders accordingly

Dated, signed and Delivered at Siaya this 31

st

Day of October 2019

R.E. ABURILI

JUDGE