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ELCStruck OutAppeal against the decision in ELC Case No. 14 of 2019, Migori (Memorandum of Appeal dated 24th October, 2022)

Jombo (Suing on Behalf of Samwel Jombo Odida) & another v South Nyanza Sugar Company Limited (Environment and Land Appeal E026 of 2022) [2025] KEELC 4695 (KLR)

Environment and Land Court
11 June 2025
3,712 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~15 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court struck out a sugarcane payment appeal, ruling that disputes about money, not land, belong in other courts.

What this practically means

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Executive summary

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The Appellants appealed against the decision of Hon. Peter Areri, Principal Magistrate, delivered on 18th October 2022 in Migori ELC Case No. 14 of 2019, which dismissed their suit. The underlying claim arose from allegations that one Jack Meta Okumu trespassed on land parcel Kanyamkago/Kawere II/868, harvested the 2nd Appellant's sugarcane and delivered it to South Nyanza Sugar Co. Ltd, which paid him. The Appellants sought injunctions restraining interference with the land and restraining the Respondent from releasing payment for the cane. The Respondent contested locus standi, denied that the dispute concerned land, and argued the appeal raised only a monetary claim outside the ELC's jurisdiction under Article 162(2)(b) and Section 13 of the Environment and Land Court Act. The Court first addressed jurisdiction sua sponte, noting it may be raised at any stage, even for the first time on appeal. It found that while the trespass claim against Jack Meta Okumu was within its jurisdiction, the predominant issue between the Appellants and the Respondent—an injunction restraining payment of sugarcane proceeds—was a purely commercial, monetary dispute founded on privity of contract and severable from the trespass claim. As the appeal was filed solely against the Respondent and did not raise issues of use, occupation of or title to land, the Court held it lacked jurisdiction. The Court observed the trial court was right to refuse the injunction but also lacked jurisdiction over the payment issue. The appeal was struck out with costs to the Respondent.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Court has jurisdiction to hear and determine the appeal
  2. 2.Whether the appeal is merited
  3. 3.Who should bear the cost of the appeal

Key legal issues

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01

Whether the Environment and Land Court has jurisdiction over an appeal whose predominant claim is to restrain payment of money by a sugar company to a third party

Holding

The Court lacks jurisdiction as the claim against the Respondent is a purely commercial/monetary dispute unrelated to use, occupation of or title to land.

Reasoning

Although the underlying grievance involved alleged trespass on the suit parcel by Jack Meta Okumu, the claim against the Respondent concerned only an injunction restraining payment of sugarcane proceeds, founded on privity of contract between the Respondent and the deliverer. The claim against the Respondent was severable from the trespass claim and did not touch land. The appeal, filed solely against the Respondent, therefore fell outside Article 162(2)(b).

p. 8
02

Whether jurisdiction can be raised for the first time on appeal where it was not raised in the trial court

Holding

Yes; the jurisdictional question may be raised at any stage, even on appeal, and the Court raised it of its own motion.

Reasoning

The Respondent argued the appeal did not raise land issues within Article 162. The Appellants did not submit on jurisdiction. Relying on Kenya Ports Authority v Modern Holdings and Owners of the Motor Vessel 'Lillian S', the Court held jurisdiction is everything, may be raised at any time and by the Court itself, and must be determined before the merits.

p. 5
03

Whether the claims against Jack Meta Okumu and the Respondent were intertwined

Holding

They were not; the claim against the Respondent could be determined separately, and the appeal was filed only against the Respondent.

Reasoning

The Respondent took no part in the alleged trespass, its relationship with the 1st Defendant being a purely contractual one of buying and paying for delivered cane. Since the appeal was filed solely against the Respondent, the trespass question—which alone would have grounded ELC jurisdiction—was not before the Court.

p. 8

Legal principles established

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  • A court must satisfy itself of jurisdiction before anything else and cannot arrogate to itself jurisdiction not conferred by law
  • The issue of jurisdiction may be raised at any stage of the proceedings, even for the first time on appeal

Court orders

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  1. 1.The appeal is struck out
  2. 2.Costs of the appeal to the Respondent

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

On appeal from
Magistrate's Court at Migori (Principal Magistrate)
ELC Case No. 14 of 2019
Jurisdiction invoked
Article 162(2)(b) of the Constitution of Kenya and Section 13 of the Environment and Land Court Act

Relief refused

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Allowing the appeal and setting aside the judgment and orders of the trial Principal Magistrate dated 18th October 2022

The Court lacks jurisdiction, the predominant issue being a monetary claim against the Respondent over payment of sugarcane proceeds, not a land dispute

p. 8

Costs of the appeal to the Appellants

Appeal struck out with costs to the Respondent

p. 8

Costs

Costs of the appeal awarded to the Respondent.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Given the circumstances of this case, it is my view that this Court lacks the jurisdiction to hear and determine this appeal. The trial Court was right in refusing the injunction but did not have jurisdiction to determine that issue of payment. The appeal is therefore struck with costs to the Respondent.
p. 8Disposition - appeal struck out for want of jurisdiction
Jurisdiction is everything. Without it, a Court has no power to make one more step.
p. 5Primacy of jurisdiction (quoting Owners of the Motor Vessel 'Lillian S')
We have stressed that jurisdiction is such a fundamental matter that it can be raised at any stage of the proceedings and even on appeal, though it is always prudent to raise it as soon as the occasion arises.
p. 4Raising jurisdiction on appeal (quoting Kenya Ports Authority v Modern Holdings)
A Court's jurisdiction flows from either the constitution or legislation or both. Thus, a Court of law can only exercise jurisdiction as conferred by the constitution or other written law.
Sources of jurisdiction (quoting Samuel Kamau Macharia v KCB)

Issues in the judgment

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minor

The record title and party names are not fully stated; the judgment opens with 'The Appellants' without naming them, and they are identified only through the pleadings

minor

Typographical errors in the operative order and inconsistent references to the Respondent (2nd Defendant/Respondent; 'Sony Sugar Co. Ltd' vs 'South Nyanza Sugar Co. Ltd')

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Jombo (Suing on Behalf of Samwel Jombo Odida) & another v South Nyanza Sugar Company Limited (Environment and Land Appeal E026 of 2022) [2025] KEELC 4695 (KLR)", Case Analysis (2025). Appeal against the decision in ELC Case No. 14 of 2019, Migori (Memorandum of Appeal dated 24th October, 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4695/eng@2025-06-11

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