[2023] KEELC 19236 (KLR)
The court found that the value of the subject property, as evidenced by the valuation report, is Kshs 27,000,000, which is above the jurisdictional limit of the magistrate's court. There was no strong opposition to the application for transfer. The court exercised its discretion under the Civil Procedure Act to...
Source-derived case information.
- Citation
- [2023] KEELC 19236 (KLR)
- Parties
- Applicant: John Ngugi Chege; Respondent: County Government Of Kajiado; Respondent: Zacharia Karanja
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application E010 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit
- Outcome
- application allowed
- Judges
- LC Komingoi
- Legal Topics
- Transfer of Suit, Jurisdiction, Valuation of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Ngugi Chege
Applicant
County Government Of Kajiado
Respondent
Zacharia Karanja
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the court should order the transfer of Ngong Principal Magistrate Environment Land Court Case No 77/2018 to the Environment and Land Court in Kajiado for hearing and disposal.
Ratio Decidendi
The court found that the value of the subject property, as evidenced by the valuation report, is Kshs 27,000,000, which is above the jurisdictional limit of the magistrate's court. There was no strong opposition to the application for transfer. The court exercised its discretion under the Civil Procedure Act to allow the transfer of the suit to the Environment and Land Court in Kajiado for hearing and disposal, ensuring that the matter is heard by a court with proper jurisdiction.
Court Disposition
application allowed
Orders
- Ngong PM ELC No 77 of 2018 is transferred to the Environment and Land Court in Kajiado for hearing and disposal.
- Costs be in the cause.
Full Case Text
Judgment text and source record
29 paragraphs
Chege v County Government of Kajiado & another (Environment and Land Miscellaneous Application E010 of 2023) [2023] KEELC 19236 (KLR) (27 July 2023) (Ruling)
Neutral citation: [2023] KEELC 19236 (KLR)
Republic of Kenya
In the Environment and Land Court at Kajiado
Environment and Land Miscellaneous Application E010 of 2023
LC Komingoi, J
July 27, 2023
Between
John Ngugi Chege
Applicant
and
County Government Of Kajiado
1st Respondent
Zacharia Karanja
2nd Respondent
Ruling
1. This is the Notice of Motion dated March 13, 2023, brought under;(Under Section 1A, 1B, 3A and 18(i) (b) (ii) of the Civil Procedure Act and all other enabling Provisions of the Law)
2. It seeks orders;1. Spent.
2. This Court do allow and order the transfer of the Ngong Principal Magistrate Environment Land Court Case No 77/2018 to the Environment Land Court in Kajiado for hearing and disposal before the Honourable Judge.
3. Costs be in the cause.
3. The grounds are on the face of the Application and are set out in paragraphs 1 to 4.
4. The application is supported by the Affidavit of Namada Simoni, Advocate for the Applicant sworn on the March 13, 2023.
5. The Application is opposed. There is a Replying Affidavit sworn by Jennifer Miano Advocate for the 2nd Respondent sworn on the May 19, 2023.
6. The Notice of Motion was canvassed by oral submissions on the June 13, 2023.
7. I have considered the Notice of Motion, the affidavit in support, the response thereto and the oral submissions. The issue for determination is whether this application is merited.
8. The Valuation Report by Standard property services shows that the subject property is valued at about Kshs 27,000,000/=. Land continues to appreciate in value.
9. There is no strong opposition to the application.
10. I find merit in this application and the same is allowed. The Ngong PM ELC NO 77 of 2018 is hereby transferred to this court for hearing and disposal.Costs be on the cause.
DATED SIGNED AND DELIVERED VIRTUALLY AT KAJIADO THIS DAY OF 27TH JULY 2023. L. KOMINGOIJUDGE.IN THE PRESENCE OF:N/A for Applicant.N/A for the Respondents.Court Assistant - Mutisya