[2019] KEELC 635 (KLR)
The court found that the subject property, being immovable and located within Tigania West District, falls under the territorial jurisdiction of the Tigania Principal Magistrate's Court. Furthermore, the value of the property is below Kshs. 5,000,000, which is within the pecuniary jurisdiction of that court. The...
Source-derived case information.
- Citation
- [2019] KEELC 635 (KLR)
- Parties
- Applicant: County Government of Meru; Respondent: Elias Nyumoo Mutirithia; Respondent: Noman Mutabari Ibiri; Respondent: District Lands Adjudication and Settlement Officer Tigania West; Respondent: Hon. Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 44 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Transfer Suit for Want of Territorial and Pecuniary Jurisdiction
- Outcome
- application allowed
- Legal Topics
- Transfer of Suit, Territorial Jurisdiction, Pecuniary Jurisdiction, Immovable Property, Court Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
County Government of Meru
Applicant
Elias Nyumoo Mutirithia
Respondent
Noman Mutabari Ibiri
Respondent
District Lands Adjudication and Settlement Officer Tigania West
Respondent
Hon. Attorney General
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Transfer Suit for Want of Territorial and Pecuniary Jurisdiction
Legal Issues
- 1 Whether the Meru Chief Magistrate's Court had territorial jurisdiction over the subject property.
- 2 Whether the Tigania Principal Magistrate's Court has pecuniary and territorial jurisdiction to hear and determine the suit.
- 3 Whether the suit should be transferred to the appropriate court.
Ratio Decidendi
The court found that the subject property, being immovable and located within Tigania West District, falls under the territorial jurisdiction of the Tigania Principal Magistrate's Court. Furthermore, the value of the property is below Kshs. 5,000,000, which is within the pecuniary jurisdiction of that court. The institution of the suit at the Meru Chief Magistrate's Court was therefore erroneous. In the absence of opposition and in accordance with statutory provisions on jurisdiction, the court allowed the application and ordered the transfer of the suit to the Tigania Principal Magistrate's Court for hearing and determination.
Court Disposition
application allowed
Orders
- The lower court file Meru CMCC No. 74/16 shall forthwith be transmitted to the Principal Magistrate's Court at Tigania.
- The matter shall be mentioned before the Principal Magistrate's Court Tigania on 5th December 2019.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
MISC. APPLICATION NO. 44 OF 2019
COUNTY GOVERNMENT OF MERU......................................APPLICANT
VERSUS
ELIAS NYUMOO MUTIRITHIA.....................................1ST RESPONDENT
NOMAN MUTABARI IBIRI............................................2ND RESPONDENT
DISTRICT LANDS ADJUDICIATON AND SETTLEMENT
OFFICER TIGANIA WEST........................................... 3RD RESPONDENT
HON. ATTORNEY GENERAL......................................4TH RESPONDENT
RULING
1. The application dated 22. 8.2019 was seeking for the following orders:
(i) That the court be pleased to transfer suit no. Meru CMCC 74/2016 to the Tigania Principal magistrate’s court for hearing and determination.
(ii) Costs
2. The grounds in support of the application were that:
(a) On 29. 2.2016 the applicant filed a civil suit Meru CMCC no. 74/2016 at the Principal Magistrate’s court at Meru against the respondents in respect of parcel no. 1325 situated at Uringu Division, Tigania West District.
(b) That the territorial/Geographic jurisdiction of the subject matter lies within Tigania Principal Magistrate’s courts and not Meru Law courts.
(c) The subject being an immovable property, the suit herein ought to be heard and determined at Tigania Law courts which has jurisdiction over the same
(d) The institution of this suit at Meru Chief Magistrate’s court was erroneous.
(e) The value of the subject property is below 5,000,000 and therefore Tigania Principal Magistrate’s courts have pecuniary jurisdiction to hear and determine the suit.
(f) That this application seeks to have the matter transferred from the Meru Chief Magistrate’s court to Tigania Principal Magistrate’s court for hearing and determination.
3. In support of the application the applicant through the firm of Laichena Mugambi and company advocates has sworn a supporting affidavit whereby they averred that on 29. 2.2016 the applicant filed civil suit CMCC no. 74/2014 at the Chief Magistrate’s Court at Meru against the respondents in respect of Kiolo market P/No. 1325 situated at Uringu Division, Tigania West District and that the territorial/geographic jurisdiction of the subject matter lies within Tigania Law courts. They also deponed that the subject being an immovable property, the suit herein ought to be heard and determined at Tigania Principal magistrate’s courts which has jurisdiction over the same thus the institution of this suit at Meru Chief Magistrates court was erroneous and hence the need to have the suit transferred to principal magistrate’s court at Tigania since the property is below Kshs.5,000,000 and therefore the principal magistrate’s court at Tigania have pecuniary jurisdiction to hear and determine the suit.
4. The application is hereby allowed in terms of prayer 1. No orders as to costs.
5. The lower court file Meru CMCC No. 74/16 to forthwith be transmitted to PM’s court at Tigania and that matter to be mentioned before PM’s court Tigania on 5. 12. 2019.
6. This miscellaneous file is closed.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 27TH NOVEMBER, 2019 IN THE PRESENCE OF:-
C/A: Kananu
Ndubi for 1st and 2nd respondents
Mutegi holding brief for Laichena for applicant
Kieti for 3rd and 4th respondents
1st and 2nd respondent
HON. LUCY. N. MBUGUA
ELC JUDGE