[2022] KEELC 2588 (KLR)
The court found that, despite the absence of annexed pleadings, the mutual consent of all parties to transfer the suit, the recusal of the Marsabit magistrate, and the convenience for both parties and their advocates justified the transfer of the case to Isiolo Environment and Land Court. The court exercised its...
Source-derived case information.
- Citation
- [2022] KEELC 2588 (KLR)
- Parties
- Plaintiff: Omar Salim Baslum; Plaintiff: Ali Sharif Hussein; Plaintiff: Nasir Shariff Abdinoor; Defendant: Adan Boru Abdikadir; Defendant: Abdinur Abdikadir; Defendant: Nuri Abdikadir; Defendant: Fatuma Abdikadir
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application E006 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit
- Outcome
- application allowed
- Judges
- PM Njoroge
- Legal Topics
- Transfer of Suit, Jurisdiction, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Omar Salim Baslum
Plaintiff
Ali Sharif Hussein
Plaintiff
Nasir Shariff Abdinoor
Plaintiff
Adan Boru Abdikadir
Defendant
Abdinur Abdikadir
Defendant
Nuri Abdikadir
Defendant
Fatuma Abdikadir
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the court should order the transfer of Principal Magistrate’s Court ELC Case No 1 of 2019 from Marsabit to Isiolo Environment and Land Court.
- 2 Whether the consent of the parties is sufficient basis for granting the transfer.
Ratio Decidendi
The court found that, despite the absence of annexed pleadings, the mutual consent of all parties to transfer the suit, the recusal of the Marsabit magistrate, and the convenience for both parties and their advocates justified the transfer of the case to Isiolo Environment and Land Court. The court exercised its discretion in the interest of justice, emphasizing that the parties' agreement and the practical considerations outweighed procedural technicalities.
Court Disposition
application allowed
Orders
- The Principal Magistrate’s Court ELC Case No 1 of 2019 is transferred from Marsabit Environment and Land Court to Isiolo Environment and Land Court for hearing and final determination.
- The costs of this application shall abide the outcome of the suit.
Full Case Text
Judgment text and source record
28 paragraphs
Baslum & 2 others v Abdikadir & 3 others (Environment and Land Miscellaneous Application E006 of 2022) [2022] KEELC 2588 (KLR) (16 May 2022) (Ruling)
Neutral citation: [2022] KEELC 2588 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment and Land Miscellaneous Application E006 of 2022
PM Njoroge, J
May 16, 2022
Between
Omar Salim Baslum
1st Plaintiff
Ali Sharif Hussein
2nd Plaintiff
Nasir Shariff Abdinoor
3rd Plaintiff
and
Adan Boru Abdikadir
1st Defendant
Abdinur Abdikadir
2nd Defendant
Nuri Abdikadir
3rd Defendant
Fatuma Abdikadir
4th Defendant
Ruling
1. This application is dated April 27, 2022. The applicants state that they have brought it to court under section 1A, 1B, 3, 17 and 18 of the Civil Procedure Act and orders 37 and 51 of the Civil Procedure Rules.
2. The applicants seek the following orders:1. That the honourable court be pleased to order the transfer of the Principal Magistrate’s Court ELC Case No 1 of 2019 from the Marsabit Environment and Land Court to Isiolo Environment and Land Court for hearing and final determination.2. That the costs of this application does abide the outcome of the suit.3. The application is supported by the affidavit of Advocate Kiprotich William Kiget sworn on April 27, 2022 and has the following grounds:a.That on August 31, 2020 the Honourable Magistrate at Marsabit recused himself and directed that the matter be mentioned for directions in Meru Law Courts.b.That the plaintiff’s advocates offices are situated in Isiolo and the defendants/applicants advocates offices are situated in Nanyuki and all the parties have mutually agreed that the matter be transferred to Isiolo Land and Environment Court which is convenient to the parties and their advocates on record.c.That it is in the interest of justice that the prayers sought are granted.4. Although the applicants have not annexed documents such as the plaint, defence and other pleadings, I will reluctantly allow the application in the greater interest of justice after taking into account that the parties have proffered a consent which is in the following terms:ConsentBy consent between the parties herein, the defendants/applicants application dated April 26, 2022 be allowed as follows: -1. That the honourable court be pleased to allow the application as prayed since the plaintiffs are not opposed to the matter being transferred to Isiolo Environment and Land Court for hearing and final determination.2. That the costs of this application does abide the outcome of the suit.Dated at Nanyuki this April 27, 2022. Mukira Mbaya & Co Advocates for the 1st, 2nd, 3rd plaintiffs/respondents.Kiget & Co Advocate for the 1st, 2nd 3rd and 4th defendants/applicants.
5. Consequently, this application is hereby allowed.
DELIVERED IN OPEN COURT THIS 16TH DAY OF MAY, 2022 IN THE ABSENCE OF THE PARTIES AT ISIOLO IN THE PRESENCE OF:Court Assistant: BaloziHon Justice PM NjorogeJudge