[2025] KEELC 1009 (KLR)
The court found that the applicant's defence and counterclaim in the subordinate court raised the issue of adverse possession, a matter falling squarely within the exclusive jurisdiction of the Environment and Land Court as provided by the Environment and Land Court Act. The absence of a response from the respondent...
Source-derived case information.
- Citation
- [2025] KEELC 1009 (KLR)
- Parties
- Applicant: Sally Chelagat; Respondent: Kiprotich Arap Kemboi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kapsabet
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Miscellaneous Case E009 of 2025
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion to Transfer Suit
- Outcome
- Application allowed; suit transferred to the Environment and Land Court at Kapsabet.
- Judges
- GMA Ongondo
- Legal Topics
- Transfer of Suit, Adverse Possession, Jurisdiction of Courts, Avoidance of Duplicate Suits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sally Chelagat
Applicant
Kiprotich Arap Kemboi
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion to Transfer Suit
Legal Issues
- 1 Whether the Chief Magistrate's Court has jurisdiction to hear a claim involving adverse possession of land parcel Nandukombe/275.
- 2 Whether the suit Kapsabet Cmelc No. 32 of 2019 should be transferred to the Environment and Land Court at Kapsabet to avoid duplicity and ensure fair adjudication.
Ratio Decidendi
The court found that the applicant's defence and counterclaim in the subordinate court raised the issue of adverse possession, a matter falling squarely within the exclusive jurisdiction of the Environment and Land Court as provided by the Environment and Land Court Act. The absence of a response from the respondent left the applicant's assertions unchallenged. To avoid duplicity of proceedings and ensure the fair, just, and expeditious determination of the dispute, the court exercised its discretion under the Civil Procedure Act to transfer the suit from the Chief Magistrate’s Court to the Environment and Land Court at Kapsabet. The application was therefore merited and allowed in the...
Court Disposition
Application allowed; suit transferred to the Environment and Land Court at Kapsabet.
Orders
- The suit Kapsabet Cmelc No. 32 of 2019 is transferred from the Chief Magistrate’s Court at Kapsabet to the Environment and Land Court at Kapsabet.
- Costs of the application to be provided for in the cause.
Full Case Text
Judgment text and source record
22 paragraphs
Chelagat v Kemboi (Environment & Land Miscellaneous Case E009 of 2025) [2025] KEELC 1009 (KLR) (4 March 2025) (Ruling)
Neutral citation: [2025] KEELC 1009 (KLR)
Republic of Kenya
In the Environment and Land Court at Kapsabet
Environment & Land Miscellaneous Case E009 of 2025
GMA Ongondo, J
March 4, 2025
Between
Sally Chelagat
Applicant
and
Kiprotich Arap Kemboi
Respondent
Ruling
1. In an application by way of Notice of Motion dated 10th February 2025, the applicant through Rotich, Langat and Partners Advocates, is seeking the orders infra;a.Thatthis Hnourable Court be pleased to issue orders transferring the cause Kapsabet Cmelc No 32 Of 2019 Kiprotich Arap Kemboi -vs – Sally Chelagatfiled in the Chief Magistrate’s Court at Kapsabet to the Environment and Land Court of Kenya at Kapsabet to allow fair, just, equitable and expeditious disposition of the cause.b.ThatCosts of this Application be provided for in the cause.
2. The application is founded upon the grounds, inter alia;a.Thatthe Applicant herein is the Defendant in Kapsabet Cmelc No.32 Of 2019 Kiprotich Arap Kemboi -crs- Sally Chelagatfiled in the Chief Magistrate’s Court at Kapsabet.b.Thatthe Applicant in her Defence and Counterclaim dated 5th February,2021 and filed on 5th July,2021 as well as Notice of Preliminary Objection dated 7th July 2021 and filed on 13th July 2021 raised facts claiming adverse possession on the suit land parcel Nandukombe/275. c.Thatthe applicant wishes to have the cause transferred to the Environment and Land Court to avoid filing of a duplicate suit at the Environment and Land Court at Kapsabet over the same subject matter and same parties.
3. There is no response to the application by the respondent,
4. In that regard, the issue for determination pertains to the merit of the application.
5. This court is duly guided by sections 1A, 1B, 3, 3A, 5, 18 of the Civil Procedure Act Chapter 21 Laws of Kenya, section 3, 13 and 19 of the Environment and Land Court Act 2015 (2011) and Article 159 (2) (b) of the Constitution of Kenya 2010 herein.
6. By the grounds of the application and in the ends of justice, I find the application merited.
7. A fortiori, the suit at Kapsabet Chief Magistrate’s court is hereby transferred in terms of prayers 2 and 3 of the application as set out in paragraph 1 (a) and (b) hereinabove.1. It is so ordered.
DATED AND DELIVERED AT KAPSABET THIS 4TH DAY OF MARCH 2025. G .M .A ONGONDOJUDGEPresentWalter, court assistant