Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCStruck OutNot stated in the judgment· [2018] KEELC 681 (KLR)

Elifinias Jackson Ekim Omaido v Robella Betty Ayode Omaido [2018] KEELC 681 (KLR)

Environment and Land Court
15 November 2018
167 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

#

The Environment and Land Court in Kitale struck out an application because it was wrongly headed for the High Court, showing that filing in the wrong court can sink a case.

What this practically means

#

Executive summary

#
This short ruling, delivered by Mwangi Njoroge J at Kitale on 15th November 2018, dealt with an application dated 21st September 2018. The court observed from the heading that the application was, from the time of institution, meant for the High Court rather than for the court seised of it. The applicant, represented by Mr. Teti, had not attached sufficient supporting documents to enable the court to make the assumptions necessary to invoke the spirit of Article 159(2)(d) of the Constitution - the principle that justice shall be administered without undue regard to procedural technicalities - and thereby overlook the irregularity of the wrong forum. The court accordingly held that it had no jurisdiction to handle the application as currently framed. It ordered that the proceedings of 15th October 2018 be vacated and struck out the application dated 21/9/2018 in its entirety. No costs order was recorded, and no authorities were cited. The ruling is significant chiefly for its treatment of Article 159(2)(d): the court declined to use the overriding objective to cure a defect going to the court's jurisdiction, treating the wrong-forum heading as fatal where the applicant offered nothing to justify the oversight. The respondent was not represented on the date of delivery.

Key legal issues

#
01

Whether the court could exercise jurisdiction over an application headed for the High Court

Holding

The application was struck out because the court had no jurisdiction over it as framed

Reasoning

The court noted from the heading that the application dated 21/9/2018 was meant for the High Court from the time of institution. It considered whether the oversight could be cured under the overriding objective in Article 159(2)(d) but found the applicant had not attached sufficient supporting documents to justify overlooking the irregularity. In the absence of jurisdiction, the application could not be entertained and was struck out, with the interlocutory proceedings of 15th October 2018 vacated.

p. 2
02

Whether Article 159(2)(d) could cure the wrong-forum defect

Holding

The court declined to apply the spirit of Article 159(2)(d) because the applicant failed to attach sufficient supporting documents to warrant disregarding the irregularity

Reasoning

The court accepted that Article 159(2)(d) on substance over form could, in the interests of justice, allow it to disregard procedural irregularities such as naming the wrong court. However, it held that the applicant had not provided sufficient supporting documents that would enable the court to make the assumptions necessary to apply that provision. Without such material, the irregularity of the wrong forum could not be overlooked and the application had to fail.

p. 2

Legal principles established

#
  • A court cannot invoke Article 159(2)(d) to overlook a fundamental defect going to jurisdiction where the application was, from institution, meant for a different court and lacks sufficient supporting documents

Court orders

#
  1. 1.The proceedings of 15th October 2018 are vacated
  2. 2.The application dated 21/9/2018 is struck out as the court has no jurisdiction to handle it as currently framed

Authorities

#

Legislation

  • Constitution of Kenya, 2010Article 159(2)(d)
Jurisdiction invoked
Not expressly stated; the court held it lacked jurisdiction over an application framed for the High Court

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Elifinias Jackson Ekim Omaido v Robella Betty Ayode Omaido [2018] KEELC 681 (KLR)", Case Analysis (2018). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/681/eng@2018-11-15

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.