[2019] KEELC 4479 (KLR)
The court found that the suit land, TRANS MARA/OLOMISMIS/972, is located within the jurisdiction of the Kilgoris Principal Magistrate’s Court. The plaintiff/respondent did not demonstrate that the Kilgoris court lacked jurisdiction, either pecuniary or territorial. In the absence of any objection on jurisdictional...
Source-derived case information.
- Citation
- [2019] KEELC 4479 (KLR)
- Parties
- Plaintiff: James Oloolkeyai Ole Seriani; Defendant: Ole Nkoliai; Defendant: Stephen Nkoliai; Defendant: David Nkoliai; Defendant: Ndege Kipos; Defendant: David Mpilel
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 497 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit
- Outcome
- application allowed
- Judges
- MN Kullow
- Legal Topics
- Transfer of Suit, Jurisdiction of Courts, Venue of Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Oloolkeyai Ole Seriani
Plaintiff
Ole Nkoliai
Defendant
Stephen Nkoliai
Defendant
David Nkoliai
Defendant
Ndege Kipos
Defendant
David Mpilel
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the Environment and Land Court at Narok should transfer the suit to the Kilgoris Principal Magistrate’s Court for hearing and determination.
- 2 Whether the Kilgoris Principal Magistrate’s Court has jurisdiction over the subject matter.
Ratio Decidendi
The court found that the suit land, TRANS MARA/OLOMISMIS/972, is located within the jurisdiction of the Kilgoris Principal Magistrate’s Court. The plaintiff/respondent did not demonstrate that the Kilgoris court lacked jurisdiction, either pecuniary or territorial. In the absence of any objection on jurisdictional grounds and for the convenience of the parties, the court held that the application for transfer was merited. Accordingly, the suit was ordered to be transferred to the Kilgoris Principal Magistrate’s Court for hearing and determination.
Court Disposition
application allowed
Orders
- The suit is transferred to the Kilgoris Principal Magistrate’s Court for hearing and determination.
- Each party shall bear its own costs.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAROK
ELC CAUSE NO. 497 OF 2017
FORMERLY KISII ELC NO. 190 OF 2016
JAMES OLOOLKEYAI OLE SERIANI……...…………………PLAINTIFF
-VERSUS-
OLE NKOLIAI …….…………………………………………1ST DEFENDANT
STEPHEN NKOLIAI……..………………………………….2ND DEFENDANT
DAVID NKOLIAI…….………………………………………3RD DEFENDANT
NDEGE KIPOS……………...………………………………..4TH DEFENDANT
DAVID MPILEL……….…….……………………………….5TH DEFENDANT
RULING
The Defendants had by an Application dated 8th November, 2018 but filed in court on 4th February, 2019 and brought under Section 1A,1B and 3A of the Civil Procedure Act and Order 51 Rule 1 of the Civil Procedure Rules sought the suit herein be transferred to the Kilgoris Principal Magistrate’s Court for hearing and determination. The Application was based on the grounds that the suit relates to Land Parcel TRANS MARA/OLOMISMIS/972 which is located within the jurisdiction of the aforesaid court and further that the parties are residents of Kilgoris and transferring the suit will be convenient to them in terms of costs. The Application was further supported by the affidavit of R.V. Mukoya advocate.
When the Application came up before me for hearing Mr. Mukoya Advocate submitted that he will rely on the contents of the Application and will not make any submissions. Mr. Ochwangi counsel for the Respondent equally stated that he will make oral submission on points of law.
I have considered the Application before me and the submissions made by counsel. It is not in dispute that the suit land falls within the jurisdiction of Kilgoris Principal Magistrate’s Court neither have the Respondents demonstrated to me the lack of such other jurisdiction whether pecuniary or otherwise by Kilgoris Principal Magistrate’s Court to hear and determine the suit herein and in the circumstance I find that the Application is merited and I order that the suit herein be transferred to Kilgoris Principal Magistrate’s Court for hearing and determination.
I further order each party shall bear its costs.
DATED, SIGNED and DELIVERED in open court atNAROKon this27thday ofFEBRUARY, 2019
Mohammed Noor Kullow
Judge
27/2/19
In the presence of:
CA: Kimiriny
Mr Langat holding brief for Ogutu for the Plaintiff/Respondent
Mr Mukoya for the Defendant/Applicant
Mohammed Noor Kullow
Judge
27/2/19