[2025] KEELC 3141 (KLR)
The court held that since the suit sought to be transferred (Kisii CMCCELC No. E044 of 2024) had already been struck out by the lower court, there was no longer any subject matter for the Environment and Land Court to transfer. The existence of a live suit is a prerequisite for the exercise of the court's power to...
Source-derived case information.
- Citation
- [2025] KEELC 3141 (KLR)
- Parties
- Applicant: Classic Parcel Handlers Limited; Applicant: Haron Kamau Monda; Applicant: Evans Nyagaka Anyona; Applicant: Harkam Enterprises Limited; Applicant: Karani Mellen Bosibori; Respondent: Charles Nyairo Motachwa
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Miscellaneous Case E001 of 2025
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Transfer Suit From Lower Court
- Outcome
- application dismissed with costs
- Judges
- M Sila
- Legal Topics
- Transfer of Suit, Pecuniary Jurisdiction, Dismissal of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Classic Parcel Handlers Limited
Applicant
Haron Kamau Monda
Applicant
Evans Nyagaka Anyona
Applicant
Harkam Enterprises Limited
Applicant
Karani Mellen Bosibori
Applicant
Charles Nyairo Motachwa
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Transfer Suit From Lower Court
Legal Issues
- 1 Whether the court can transfer a suit that has already been dismissed by the lower court.
- 2 Whether there is any subject matter to transfer when the original suit no longer exists.
Ratio Decidendi
The court held that since the suit sought to be transferred (Kisii CMCCELC No. E044 of 2024) had already been struck out by the lower court, there was no longer any subject matter for the Environment and Land Court to transfer. The existence of a live suit is a prerequisite for the exercise of the court's power to transfer proceedings. Once a suit is dismissed, it ceases to exist in law, and any application for its transfer becomes moot. The application was therefore dismissed with costs to the respondent.
Court Disposition
application dismissed with costs
Orders
- The application dated 20 January 2025 is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
28 paragraphs
Classic Parcel Handlers Limited & 4 others v Motachwa (Environment & Land Miscellaneous Case E001 of 2025) [2025] KEELC 3141 (KLR) (1 April 2025) (Ruling)
Neutral citation: [2025] KEELC 3141 (KLR)
Republic of Kenya
In the Environment and Land Court at Kisii
Environment & Land Miscellaneous Case E001 of 2025
M Sila, J
April 1, 2025
Between
Classic Parcel Handlers Limited
1st Applicant
Haron Kamau Monda
2nd Applicant
Evans Nyagaka Anyona
3rd Applicant
Harkam Enterprises Limited
4th Applicant
Karani Mellen Bosibori
5th Applicant
and
Charles Nyairo Motachwa
Respondent
Ruling
1. The application before me is that dated 20 January 2025. It seeks the following orders :i.The Honourable Court be pleased to withdraw and transfer the matter Kisii ELC Case No. E044 of 2024 from Kisii lower court for hearing and disposal.ii.That costs be in the cause.
2. The application is based on the ground that the value of the suit properties in dispute exceed the pecuniary jurisdiction of the Kisii Chief Magistrates’ Court.
3. When the application came up for inter partes hearing on 1 April 2025, Mr. Meroka, for the respondent stated that he has a preliminary objection as the suit sought to be transferred was already dismissed for want of jurisdiction. Mr. Omwoyo, for the applicants, agreed that the suit was dismissed but insisted that the court can still give the order of transfer.
4. I have taken note of the submissions of counsel. It is agreed that the suit sought to be transferred i.e Kisii CMCCELC No. E044 of 2024 has already been struck out. In that event there would be no subject matter for this court to transfer as the case no longer exists.
5. Given that position, the application dated 20 January 2025 must fail and it is hereby dismissed with costs.Orders accordingly.
DATED AND DELIVERED THIS 1ST DAY OF APRIL 2025JUSTICE MUNYAO SILAJUDGE, ENVIRONMENT AND LAND COURTAT KISIIDelivered in the presence of :Mr. Omwoyo for the applicantsMr. Meroka for the respondentCourt Assistant – Michael Oyuko