[2025] KEELC 4884 (KLR)
The court held that since the Chief Magistrate Court lacked jurisdiction to entertain adverse possession claims, the suit filed therein was a nullity ab initio. Consequently, there was no valid suit capable of being transferred to the Environment and Land Court under Section 18 of the Civil Procedure Act. The...
Source-derived case information.
- Citation
- [2025] KEELC 4884 (KLR)
- Parties
- Applicant: Salesio Gitemba Ironco; Respondent: Francis Mbii Ndethio (Sued As The Administrator Of The Estate Of Ndethu M’Kauga - Deceased)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Case E005 of 2025
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Transfer Suit for Want of Jurisdiction
- Outcome
- application dismissed
- Judges
- BM Eboso
- Legal Topics
- Jurisdiction of Courts, Transfer of Suits, Adverse Possession, Nullity of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Salesio Gitemba Ironco
Applicant
Francis Mbii Ndethio (Sued As The Administrator Of The Estate Of Ndethu M’Kauga - Deceased)
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Transfer Suit for Want of Jurisdiction
Legal Issues
- 1 Whether the Chief Magistrate Court has jurisdiction to adjudicate adverse possession claims.
- 2 Whether a suit filed in a court without jurisdiction can be transferred to a competent court under Section 18 of the Civil Procedure Act.
Ratio Decidendi
The court held that since the Chief Magistrate Court lacked jurisdiction to entertain adverse possession claims, the suit filed therein was a nullity ab initio. Consequently, there was no valid suit capable of being transferred to the Environment and Land Court under Section 18 of the Civil Procedure Act. The applicant's only recourse was to withdraw the incompetent suit and file a fresh, competent suit before the appropriate court. The court further noted that the applicant's predicament was partly due to previously overruled jurisprudence, and thus, no order as to costs was made.
Court Disposition
application dismissed
Orders
- The notice of motion dated 10/6/2025 is rejected and dismissed.
- There will be no orders as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
Ironco v Ndethio (Sued as the he Administrator of the Estate of Ndethu M’Kauga - Deceased) (Environment and Land Miscellaneous Case E005 of 2025) [2025] KEELC 4884 (KLR) (30 June 2025) (Ruling)
Neutral citation: [2025] KEELC 4884 (KLR)
Republic of Kenya
In the Environment and Land Court at Chuka
Environment and Land Miscellaneous Case E005 of 2025
BM Eboso, J
June 30, 2025
Between
Salesio Gitemba Ironco
Applicant
and
Francis Mbii Ndethio (Sued As The Administrator Of The Estate Of Ndethu M’Kauga - Deceased)
Respondent
Ruling
1. Through the notice of motion dated 10/6/2025, the applicant invited this court to exercise jurisdiction under Section 18 of the Civil Procedure Act and transfer this suit from Chuka Chief Magistrate Court to Chuka Environment and Land Court. The applicant contends that the Chief Magistrate Court does not have jurisdiction to adjudicate adverse possession claims.
2. The court has considered the plea. The claim in the lower court was lodged by the applicant. It emerges that the claim was lodged in a court that did not have jurisdiction. The prevailing jurisprudence is that, where a suit is lodged in a court that does not have jurisdiction at all, the suit is a nullity and there is no valid suit to transfer to a competent court. That regrettably is the fate of Chuka CMC E&L Case No. E018 of 2025. The recourse available to the applicant is to withdraw the incompetent suit and file a competent suit in the Environment and Land Court.
3. For the above reason, the notice of motion dated 10/6/2025 is rejected and dismissed. Noting that the applicant’s predicament is partly attributable to the recently overruled jurisprudence of a third tier court, there will be no orders as to costs.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 30TH DAY OF JUNE 2025B M EBOSO [MR]JUDGEIN THE PRESENCE OFMr. Owade for the ApplicantMr. Tupet - Court Assistant