[2015] KEHC 3280 (KLR)
The court found that the lower court lacked jurisdiction to entertain the suit in view of Section 13(2) of the Environment and Land Court Act, especially considering the high value of the subject matter. As there was no opposition to the application and no prejudice would be occasioned to any party, the court...
Source-derived case information.
- Citation
- [2015] KEHC 3280 (KLR)
- Parties
- Plaintiff: Jackson Kiraithe; Defendant: Thomas Kinoti John; Defendant: Baldev Kumur Kasturilalwal; Interested Party: Quadco One Hundred Sixty Nine Ltd
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application 26 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Transfer Suit
- Outcome
- application allowed in part
- Legal Topics
- Transfer of Suit, Jurisdiction of Courts, Environment and Land Court Act, Valuation of Subject Matter
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackson Kiraithe
Plaintiff
Thomas Kinoti John
Defendant
Baldev Kumur Kasturilalwal
Defendant
Quadco One Hundred Sixty Nine Ltd
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Application to Transfer Suit
Legal Issues
- 1 Whether the lower court has jurisdiction to entertain the suit in light of Section 13(2) of the Environment and Land Court Act.
- 2 Whether the suit should be transferred from the Chief Magistrate's Court at Nanyuki to the High Court, Environment and Land Division.
Ratio Decidendi
The court found that the lower court lacked jurisdiction to entertain the suit in view of Section 13(2) of the Environment and Land Court Act, especially considering the high value of the subject matter. As there was no opposition to the application and no prejudice would be occasioned to any party, the court allowed the application for transfer. However, instead of transferring the suit to the Environment and Land Division at Nyeri as requested, the court ordered that the suit be transferred to the present court (Meru) and allocated a new number. Costs were ordered to be in the cause.
Court Disposition
application allowed in part
Orders
- The suit Nanyuki SPMCC NO. 95 of 2004 is withdrawn from the Chief Magistrate's Court at Nanyuki and transferred to the High Court at Meru, Environment and Land Division.
- The suit will be allocated a new number in this court.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ENVIRONMENT AND LAND MISC APPL NO 26 OF 2014
JACKSON KIRAITHE................................................................PLAINTIFF
VERSUS
THOMAS KINOTI JOHN …...........................................1ST DEFENDANT
BALDEV KUMUR KASTURILALWAL …......................2NDDEFENDANT
QUADCO ONE HUNDRED SIXTY NINE LTD.........INTERESTED PARTY
RULING
This application is dated 10th January, 2013 and seeks Orders:-
THATthe Honourable Court be pleased to Order the withdrawal of Nanyuki SPMCC NO. 95 of 2004 (Jackson Kiraithe -vs- Thomas Kinoti & Others) pending the Chief Magistrate's Court at Nanyuki and transfer it to the High Court, Environment and Land Division at Nyeri for Hearing and determination.
THATthe Honourable Court be pleased to make any other order of further orders and give direction as it may deem just, expedient and necessary.
THATthe costs of the application be provided for:
It has the following grounds:-
THAT the Lower Court is seized of jurisdiction to entertain the suit in view of the provisions of Section 13(2) of the Environment and Land Court Act.
(b) THAT the value of the subject is now over Kshs 100,000,000/=.
(c) THAT no prejudice will be occasioned to either party.
On 7/7/2015, the applicant urged the Court to allow his application as it was not opposed. Mr. Wamache holding brief Mutunga for Defendant did not offer any tangible opposition.
In the circumstances, the application is allowed in terms of prayer/except that the suit is transferred to this court and not to Nyeri. Consequently the apposite suit is transferred to this Court and will be allocated a new number. Costs shall be in the cause.
It is so ordered.
Delivered in Open Court at Meru this 7th day of July, 2015 in the present of:-
CC: Lilian/Daniel
Wamache h/b Mutunga for Defendant
Jackson Kiraither – Applicant
P.M.NJOROGE
JUDGE