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Tom Onyango v. Mimosa Investments Limited

(2017) JELR 94884 (CA)

Court of Appeal  •  Civil Appeal 30 of 2014  •  17 Feb 2017  •  Kenya

Erastus Mwaniki Githinji, Roselyn Naliaka Nambuye, Sankale ole Kantai



[1] This is an appeal from the Ruling of the High Court, Land and Environment Division (Mutungi, J.) The Constitution establishes the High Court and confers it with jurisdiction (Article 165). The Constitution, in addition, authorises the Parliament to establish courts with the status of the High Court to hear and determine disputes relating, inter alia, to the environment and the use and occupation of and title to land (Article 162(2)(b). The Land and Environment Court has been established and judges appointed to that court including Mutungi, J. who heard and determined the application which resulted in the ruling under appeal.

Thus the proceedings should have been instituted in the Land and Environment Court and properly titled. The ruling appealed from granted prohibitory and mandatory injunctions against the appellant relating to occupation and use of land parcel L.R. No. 1870/V/63 comprising of 0.2158 hectares and situated in Westlands Nairobi (suit property).…

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