[2018] KEELC 4364 (KLR)
The court determined that the orders sought by the plaintiffs, namely the signing of mutation and transfer forms to facilitate issuance of title deeds, fall within the jurisdiction of the Chief Magistrate’s Court at Chuka. Given this, and considering the protracted delay since the suit was filed in 1999, the...
Source-derived case information.
- Citation
- [2018] KEELC 4364 (KLR)
- Parties
- Plaintiff: Humphrey Kiura M’Nyiri & 2 Others; Defendant: Gitari M’Nyiri
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 259 of 2015
- Procedural Posture
- Land and Property Suit / Ruling on Transfer of Suit
- Outcome
- Suit transferred to Chief Magistrate’s Court at Chuka for hearing de novo.
- Judges
- FM Njoroge
- Legal Topics
- Transfer of Suit, Jurisdiction, Mutation Forms, Title Deeds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Humphrey Kiura M’Nyiri & 2 Others
Plaintiff
Gitari M’Nyiri
Defendant
Procedural Posture
Land and Property Suit / Ruling on Transfer of Suit
Legal Issues
- 1 Whether the Environment and Land Court at Chuka has jurisdiction to hear and determine the suit as filed.
- 2 Whether the suit should be dismissed for want of prosecution under Order 17 of the Civil Procedure Rules.
- 3 Whether the suit should be transferred to the Chief Magistrate’s Court at Chuka for hearing and determination.
Ratio Decidendi
The court determined that the orders sought by the plaintiffs, namely the signing of mutation and transfer forms to facilitate issuance of title deeds, fall within the jurisdiction of the Chief Magistrate’s Court at Chuka. Given this, and considering the protracted delay since the suit was filed in 1999, the Environment and Land Court at Chuka found it appropriate to transfer the suit to the Chief Magistrate’s Court for hearing and determination. The court ordered that the matter be heard de novo and on a priority basis, and directed the parties to take directions before the Chief Magistrate’s Court on a specified date.
Court Disposition
Suit transferred to Chief Magistrate’s Court at Chuka for hearing de novo.
Orders
- The suit is transferred to Chuka Chief Magistrate’s Court for hearing and determination.
- The suit shall be heard de novo on a priority basis.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 259 OF 2017
FORMERLY MERU ELC. 270 OF 2015
HUMPHREY KIURA M’NYIRI & 2 OTHERS....PLAINTIFFS
VERSUS
GITARI M’NYIRI...................................................DEFENDANT
RULING
1. This suit was filed at Embu on 3. 12. 1999 as HCC No. 78 of 1999.
2. This is a suit that should have been dismissed a long time ago in terms of the provisions of order 17 of the Civil Procedure Rules or its predecessor provisions.
3. The prayers in the plaint are for judgment against the defendant for:
a) Order that the defendant do sign mutation forms and transfer forms to enable plaintiffs get their portions and Title Deeds.
b) Costs of this suit.
c) Any other or better relief which this Court may deem fit to grant.
4. This suit was transferred from Embu to Chuka on 23. 2.2017, eighteen years after it was filed.
5. I find that the orders sought fall within the jurisdiction of the Chief Magistrate’s Court at Chuka. In the circumstances, this suit is transferred to Chuka CM’s Court for hearing and determination. This suit should be heard de novo on a priority basis.
6. Parties to take directions before the CM’s Court on 21. 3.2018.
7. It is so ordered.
Delivered in open court at Chuka this 28th day of February, 2018 in the presence of:
CA: Ndegwa
Njeru Ithiga present for the plaintiffs
Defendants or their advocate absent
P.M. NJOROGE
JUDGE