[2015] KEHC 3859 (KLR)
The court found that while lower courts are not excluded from hearing land disputes within their jurisdiction, the transfer of a suit requires a formal application to be filed and served on the opposing party. The plaintiffs had not filed such an application, nor had they provided sufficient evidence, such as a...
Source-derived case information.
- Citation
- [2015] KEHC 3859 (KLR)
- Parties
- Plaintiff: Elizabeth Murugi M'Njiima; Plaintiff: Humphrey Murea Njage; Defendant: Reginald L. Micheni Sospeter
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 6 of 2013
- Procedural Posture
- Environment and Land Case / Ruling on Application for Transfer of Suit
- Outcome
- Application for transfer declined.
- Judges
- FM Njoroge
- Legal Topics
- Transfer of Suit, Pecuniary Jurisdiction, Territorial Jurisdiction, Valuation of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elizabeth Murugi M'Njiima
Plaintiff
Humphrey Murea Njage
Plaintiff
Reginald L. Micheni Sospeter
Defendant
Procedural Posture
Environment and Land Case / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the suit should be transferred to Chuka Law Courts based on the location and value of the suit lands.
- 2 Whether the plaintiffs have provided sufficient evidence of the suit lands' value to justify transfer.
- 3 Whether an application for transfer must be formally filed and served.
Ratio Decidendi
The court found that while lower courts are not excluded from hearing land disputes within their jurisdiction, the transfer of a suit requires a formal application to be filed and served on the opposing party. The plaintiffs had not filed such an application, nor had they provided sufficient evidence, such as a valuation report, to support their claim regarding the value of the suit lands. Consequently, the court declined to transfer the suit to Chuka Law Courts, emphasizing the need for proper procedure and evidence before such a transfer can be considered.
Court Disposition
Application for transfer declined.
Orders
- The suit will not be transferred to Chuka Law Courts.
- No order as to costs regarding this ruling.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
ENVIRONMENT AND LAND CASE NO. 6 OF 2013
ELIZABETH MURUGI M'NJIIMA..................................1ST PLAINTIFF
HUMPHREY MUREA NJAGE......................................2ND PLAINTIFF
VERSUS
REGINALD L. MICHENI SOSPETER................................DEFENDANT
R U L I N G
By a letter dated 19th September, 2004 addressed to the Deputy Registrar, Mr. Kevin Nyenyire, Advocate, requested that this matter be mentioned before a judge for purposes of transferring the suit to Chuka Law Courts on the ground that suit lands Nos. MUTHAMBI/IGAMWATHI/1201 AND 1203 are in Chuka and that their estimated value is less that Kshs.3,000,000/= and thus within the pecuniary jurisdiction of the Chuka Law Courts.
This matter came for directions on 20. 5.2015 when Mr. Riungu, Advocate, holding brief for Mr. Murithi, the defendant's advocate, opposed the transfer of the suit to Chuka Law Courts. He, inter alia, argued that the plaintiffs had not presented a valuation report to conclusively support their claim that the suit lands had an estimated value of less than Kshs.3,000,000/=.
The Land Registration Act at Section 101 states as follows:
“The Environment and Land Court, 2011 No.19 of 2011 has jurisdiction to hear and determine disputes, actions and proceedings concerning land under this Act.”
A purposeful interpretation of this provision of the law suggest that Lower Courts are not excluded from hearing suits which fall under their geographical and pecuniary jurisdictions. This interpretation would allow the Court to transfer a suit to the Lower Courts in accordance with Section 18 of the Civil Procedure Act.
Section 18 of the Civil Procedure Act envisages the filing of an application. This enables parties to be heard properly. It is my view that the applicants should file an application which they should properly serve upon the defendants.
In the circumstances, I decline to transfer this suit to Chuka Law Courts for hearing and determination. I award no costs regarding this Ruling.
It is so ordered.
Delivered in Open Court at Meru this 30th day of June, 2015 in the presence of:
Cc. Lilian/Daniel
Mwanzia h/b Nyenyire for Defendant
Miss Gitonga h/b Gitonga for Plaintiff
P. M. NJOROGE
JUDGE