Labh Singh Harman Singh Ltd v Attorney General & another [2015] KEHC 1076 (KLR)
- Court
- High Court of Kenya
- Case number
- 1076
- Citation
- [2015] KEHC 1076 (KLR)
- Decided
- 29 October 2015
The High Court has no jurisdiction over disputes relating to the environment and use of land, which is the exclusive province of the Environment and Land Court. The subject matter of the application is the taxation of the 3rd Respondent's Party and Party Bill of Costs, not the dispute that was before the Environment and Land Court.
Facts
The applicant filed a Party and Party Bill of Costs in the Environment and Land Court, which was taxed. The 3rd respondent filed a Party and Party Bill of Costs in the High Court, which was taxed. The applicant sought to set aside the taxation and seek a stay of execution.
Issues
- Whether the taxation of costs arising from a petition heard and determined before the Environment Court falls within the jurisdiction of the High Court
Reasoning
The High Court has no jurisdiction over disputes relating to the environment and use of land, which is the exclusive province of the Environment and Land Court. The subject matter of the application is the taxation of the 3rd Respondent's Party and Party Bill of Costs, not the dispute that was before the Environment and Land Court.
Outcome
The Preliminary Objection is dismissed with costs to the Applicant. The Applicant's Chamber Summons will proceed to hearing on the merits on a date to be fixed in consultation with counsel for the parties.
Orders
- Preliminary Objection dated 29th September 2015 is dismissed with costs to the Applicant
Authorities cited
Legislation (3)
- Article 165 (5) of the Constitution of Kenya
- Article 162 (2) of the Constitution of Kenya
- Civil Procedure Act, cap. 2 Order 40 of the Civil Procedure Rules
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