[2016] KEHC 673 (KLR)
The court declined to grant the application for transfer and stay of proceedings because, although the applicants relied on a ruling that Magistrates' Courts lack jurisdiction over land matters, the judgment in Malindi Petition No. 3 of 2016 had been appealed. The Chief Justice had directed that all land cases...
Source-derived case information.
- Citation
- [2016] KEHC 673 (KLR)
- Parties
- Applicant: Amina Omar Munye; Applicant: Mohamed Nuru Munye; Respondent: Ali Eymoy Abdi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 93 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Transfer Suit and Stay Proceedings
- Outcome
- application dismissed
- Judges
- FM Njoroge
- Legal Topics
- Jurisdiction of Courts, Transfer of Suits, Land Ownership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Amina Omar Munye
Applicant
Mohamed Nuru Munye
Applicant
Ali Eymoy Abdi
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Transfer Suit and Stay Proceedings
Legal Issues
- 1 Whether the Magistrates' Court has jurisdiction to hear and determine land disputes relating to plot No. 5093 (formerly plot No. 726A).
- 2 Whether the suit should be transferred from the Senior Resident Magistrate's Court at Moyale to the Environment and Land Court.
- 3 Whether proceedings in the Magistrate's Court should be stayed pending transfer.
Ratio Decidendi
The court declined to grant the application for transfer and stay of proceedings because, although the applicants relied on a ruling that Magistrates' Courts lack jurisdiction over land matters, the judgment in Malindi Petition No. 3 of 2016 had been appealed. The Chief Justice had directed that all land cases already filed in Magistrates' Courts should remain there until the appeal is determined. The court found that it was bound by this administrative directive and, therefore, could not order the transfer or stay as requested by the applicants.
Court Disposition
application dismissed
Orders
- The application for transfer and stay is declined.
- No order as to costs.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
MISCELLANEOUS APPLICATION NO 93 OF 2016
IN THE MATTER OF CIVIL SUIT NO. 26 OF 2015 SENIOR RESIDENT MAGISTRATE'S COURT AT MOYALE
AMINA OMAR MUNYE............................................................1ST APPLICANT
MOHAMED NURU MUNYE.....................................................2ND APPLICANT
VERSUS
ALI EYMOY ABDI.........................................................................RESPONDENT
R U L I N G
1. This application is stated to be filed under Section 18 (1) (b) (i) and 3(A) of the Civil Procedure Act and all other enabling provisions of the law.
2. It seeks orders:-
1. THAT this application be certified as urgent and service on the Respondent be dispensed with in the first instance.
2. THAT this Honourable Court be pleased to transfer the suit Number S.R.M.C.C. No. 20 of 2015. ALI EYMOY ABDI versus AMINA OMAR MUNYE & MOHAMED NOOR MUNYE and any and all proceedings therein from the Senior Resident Magistrate's Courts at Moyale for trial and determination in this Honourable Court.
3. THAT pending hearing and determination of prayer 2 above, all proceedings in Moyale S.R.M.C.C NO. 26 of 2015 be stayed.
4. THAT the costs of this application be in cause.
3. The Application is supported by the Affidavit of MOHAMED NOOR MUNYE and has the following grounds:-
1. THAT there is now pending before Senior Resident Magistrates Court, Moyale Civil Suit No. 26 of 2015, ALI EYMOY ABDI versus AMINA OMAR MUNYE & MOHAMED NOOR MUNYE.
2. That the said relates to purported plot number 5093 ( Formerly plot No. 726A), Land dispute and the same may only be properly adjudicated upon by the Environment and Land Court.
3. THAT the High Court at Malindi vide Petition No. 3 of 2016 in its ruling on 11th November, 2016 ruled that the Magistrates Courts do not have jurisdiction to determine Land matters and that the same can only be adequately determined in the Environment and Land Court.
4. THAT the main issue in the suit relates to ownership of purported plot No. 5093 (Formerly plot No. 726A).
5. THAT the Respondent is currently developing the suit property therefore interfering with the suit property.
6. THAT interest of justice will be served by granting the prayers sought.
4. The Judgment in Malindi Petition No 3 of 2016 has been appealed against . For this reason , the Honourable the Chief Justice has vide his communication dated 28th November, 2016 directed that all land cases already filed in the Magistrates' Courts do remain in those Courts until the apposite appeal is heard and determined.
5. In the Circumstances, I decline to grant the prayers sought in the application.
6. I award no costs.
7. The REGISTRY is directed not to entertain any applications concerning transfers of suit to and from the Magistrates' Courts.
8. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 6TH DAY OF DECEMBER, 2016 IN THE PRESENCE OF:-
C:A Daniel/James
P.M. NJOROGE
JUDGE