[2017] KEELC 768 (KLR)
The court held that magistrates' courts are now empowered to hear and determine land matters, rendering the application for transfer unnecessary. The application was deemed heard and determined, and the substantive issues raised are to be addressed in the original suit before the magistrate's court. Costs are to be...
Source-derived case information.
- Citation
- [2017] KEELC 768 (KLR)
- Parties
- Applicant: Damwana Kenya Ltd; Respondent: Junius Nyaga Njiru; Respondent: Fred Mwanda Nyaga; Respondent: Lopise Kaari Njenga
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 18 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit
- Outcome
- application deemed heard and determined; substantive suit to proceed in magistrate's court
- Judges
- FM Njoroge
- Legal Topics
- Transfer of Suit, Jurisdiction of Magistrates Courts, Environment and Land Court Mandate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Damwana Kenya Ltd
Applicant
Junius Nyaga Njiru
Respondent
Fred Mwanda Nyaga
Respondent
Lopise Kaari Njenga
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the Chuka CMC Civil Suit No. 51 of 2015 should be transferred to the Environment and Land Court at Chuka for hearing and disposal.
- 2 Whether the magistrates' court has jurisdiction to hear and determine land matters.
Ratio Decidendi
The court held that magistrates' courts are now empowered to hear and determine land matters, rendering the application for transfer unnecessary. The application was deemed heard and determined, and the substantive issues raised are to be addressed in the original suit before the magistrate's court. Costs are to be in the cause.
Court Disposition
application deemed heard and determined; substantive suit to proceed in magistrate's court
Orders
- This application is deemed heard and determined.
- Matters raised in this application to be heard and determined in Chuka CMC Civil Suit No. 51 of 2015.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC MISCELLANEOUS APPLICATION CASE NO 18 OF 2017
DAMWANA KENYA LTD……………….............…………………….APPLICANT
VERSUS
JUNIUS NYAGA NJIRU…………….….………………………1ST RESPONDENT
FRED MWANDA NYAGA………….…......……………………2ND RESPONDENT
LOPISE KAARI NJENGA…………..…………………………3RD RESPONDENT
RULING
1. This application is dated 24. 4.2017 and seeks orders:
1. That the CMC CIVIL SUIT NO. 51 of 2015 at Chuka be transferred to environment and land court at Chuka for hearing and disposal of the matter therein.
2. That cost of this application be provided.
2. The application has one ground which states the presiding magistrate advised the applicant to transfer his suit to the ELC Court.
3. Magistrates’ courts can now hear and determine land matters. It is ordered as follows:
1. This application is deemed heard and determined.
2. Matters raised in this application to be heard and determined in Chuka CMC Civil Suit No. 51 of 2015.
3. Costs shall be in the cause.
Delivered in open court at Chuka this 6th day of December, 2017 in the presence of:
CA: Ndegwa
Parties absent
P.M. NJOROGE
JUDGE