[2017] KEELC 3847 (KLR)
The court found that since the application to abandon the Notice of Motion had not been served on the respondents, there would be no prejudice to them. The abandonment of the application was consistent with the constitutional imperative for expeditious disposal of cases. The court also noted the current jurisdiction...
Source-derived case information.
- Citation
- [2017] KEELC 3847 (KLR)
- Parties
- Plaintiff: Felix Akowa Rabongo; Defendant: Peter Nyanengo; Defendant: Migori County Government
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application 28 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Abandon Notice of Motion
- Outcome
- Application allowed; Notice of Motion dated 11/4/2017 marked as abandoned with no orders as to costs.
- Judges
- GMA Ongondo
- Legal Topics
- Transfer of Suit, Jurisdiction of Magistrates Courts, Abandonment of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Felix Akowa Rabongo
Plaintiff
Peter Nyanengo
Defendant
Migori County Government
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application to Abandon Notice of Motion
Legal Issues
- 1 Whether the Notice of Motion application dated 11/4/2017 should be marked as abandoned.
- 2 Whether abandonment of the application prejudices the respondents who have not been served.
- 3 Whether the application aligns with the constitutional principle of expeditious disposal of cases.
Ratio Decidendi
The court found that since the application to abandon the Notice of Motion had not been served on the respondents, there would be no prejudice to them. The abandonment of the application was consistent with the constitutional imperative for expeditious disposal of cases. The court also noted the current jurisdiction of Magistrates' courts to hear ELC matters, referencing relevant appellate authority. Accordingly, the application to mark the Notice of Motion as abandoned was allowed, with no orders as to costs.
Court Disposition
Application allowed; Notice of Motion dated 11/4/2017 marked as abandoned with no orders as to costs.
Orders
- The Notice of Motion application dated 11/4/2017 is marked as abandoned.
- No orders as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
ENVIRONMENT AND LAND COURT
ELC MISC NO. 28 OF 2017
FELIX AKOWA RABONGO………………………………….PLAINTIFF
-versus-
PETER NYANENGO……………………………………1ST DEFENDANT
MIGORI COUNTY GOVERNMENT……..…………...2ND DEFENDANT
RULING
1. Mr. Kisia counsel for the Applicant, FELIX AKOWA ROBONGO has made an application to have the Notice of Motion application dated 11/4/2017 marked as abandoned with no orders as to costs. The main issue sought in the application is the transfer of suit No. 135 of 2014 from Migori Chief Magistrate’s court to the Kisii ELC for want of jurisdiction by the CM’s court.
2. The application has not been served on the Respondents. It is a fresh application.
3. I note the entire application. I think the application to abandon it is in consonant with Article 159 (2) (b) of the Constitution of Kenya 2010 on expeditious disposal of cases. I am aware of the jurisdiction conferred upon the Magistrates’ courts to entertain ELC cases; see Civil Appeal No. 287 of 2016 consolidated with Civil Appeal No. 3 of 2017 ( Court of Appeal).
4. The abandonment of the application cannot prejudice the Respondents who have not been served. I find it merited in the circumstances.
5. I accordingly allow the application by counsel Kisia for the applicant. The Notice of Motion application dated 11/4/2017 is marked as abandoned with no orders as to costs.
DELIVERED, DATEDand SIGNEDat MIGORI this 7th day of November 2017.
G. ONGONDO
JUDGE
In presence of :-
Mr. Kisia Counsel for the Applicant
Tom Maurice – Court Assistant