[2015] KEHC 5407 (KLR)
The court determined that since the dispute concerns land registered under the Registered Land Act and there is no Environment and Land Court Judge stationed at Garissa, the High Court at Garissa lacks jurisdiction to hear and determine the matter. To ensure expeditious disposal and proper adjudication, the court...
Source-derived case information.
- Citation
- [2015] KEHC 5407 (KLR)
- Parties
- Plaintiff: Ivuti Mbuna Kalata; Plaintiff: Mwasya Muthengi; Defendant: Patrick Mutua Nzoka
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Civil Case 16 of 2012
- Procedural Posture
- Civil Case / Ruling on Transfer of Suit
- Outcome
- Suit transferred to the Environment and Land Court at Machakos for hearing and determination.
- Judges
- GMA Dulu
- Legal Topics
- Transfer of Suit, Jurisdiction, Environment and Land Court, Registered Land Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ivuti Mbuna Kalata
Plaintiff
Mwasya Muthengi
Plaintiff
Patrick Mutua Nzoka
Defendant
Procedural Posture
Civil Case / Ruling on Transfer of Suit
Legal Issues
- 1 Whether the High Court at Garissa has jurisdiction to hear a land matter in the absence of an Environment and Land Court Judge.
- 2 Whether the suit should be transferred to the Environment and Land Court at Machakos for hearing and determination.
Ratio Decidendi
The court determined that since the dispute concerns land registered under the Registered Land Act and there is no Environment and Land Court Judge stationed at Garissa, the High Court at Garissa lacks jurisdiction to hear and determine the matter. To ensure expeditious disposal and proper adjudication, the court ordered the transfer of the file to the Environment and Land Court at Machakos, where a competent judge is available to hear the case. The transfer is necessary to comply with statutory requirements regarding jurisdiction over land matters and to avoid unnecessary delay.
Court Disposition
Suit transferred to the Environment and Land Court at Machakos for hearing and determination.
Orders
- The file is to be transferred to the Environment and Land Court at Machakos for further adjudication and disposal.
- The Deputy Registrar is directed to transmit the file to Machakos for further progress.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT GARISSA
CIVIL CASE 16 OF 2012
1. IVUTI MBUNA KALATA......................................1ST PLAINTIFF
2. MWASYA MUTHENGI.........................................2ND PLAINTIFF
VERSUS
PATRICK MUTUA NZOKA...........................................DEFENDANT
RULING
In this matter, plaint was filed and served. A defence and counterclaim was also filed and served. Pretrial questionnaire was also filed.
The matter filed in 2012 at the Garissa High Court however relates to land. There is no Environment and Land Court Judge at Garissa.
On 9th March 2015, Mr. Nzili for the plaintiffs came for a mention and informed the court that counsel for the defendants Ms. E. K. Mutua of Nairobi had been served with notice to attend court for mention though they were absent. Counsel stated that the reason for mention was for the court to give direction for the transfer of the case to Machakos where there was currently an Environment and Land Judge sitting, who could possibly also hear the case in Kitui. Counsel asked the court to transfer the file to Machakos, where appropriate directions could be given by the court for hearing before the Environment and Land Court.
Indeed, this is a land matter. The land is registered under the Registered Land Act (Cap.300). There is no Environment and Land Judge at Garissa yet. As such and with a view to expeditious disposal of the case, I order that the file be transferred to the Environment and Land Court at Machakos for further adjudication and disposal. The Deputy Registrar of this court will thus transmit the file to Machakos for further progress.
Dated and delivered at Garissa this 27th day of April, 2015
GEORGE DULU
JUDGE