[2022] KEELC 15731 (KLR)
The court found that the application for transfer of Land Case No. E058 of 2021 was unopposed and meritorious. In exercising its discretion under Section 18(a) of the Civil Procedure Act and guided by Article 48 of the Constitution, the court determined that transferring the matter to the Principal Magistrate’s...
Source-derived case information.
- Citation
- [2022] KEELC 15731 (KLR)
- Parties
- Applicant: James Otieno Ocholla; Respondent: Kenneth Odhiambo Obuya; Respondent: Warren Sure Sure; Respondent: Rachuonyo North Kosele District Land Registrar
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application E002 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Transfer Application
- Outcome
- application granted
- Legal Topics
- Transfer of Suit, Jurisdiction of Courts, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Otieno Ocholla
Applicant
Kenneth Odhiambo Obuya
Respondent
Warren Sure Sure
Respondent
Rachuonyo North Kosele District Land Registrar
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Transfer Application
Legal Issues
- 1 Whether the court should order the transfer of Land Case No. E058 of 2021 from the Chief Magistrate’s Court at Homa-Bay to the Principal Magistrate’s Court at Oyugis for hearing and determination.
- 2 Whether the application for transfer is meritorious and unopposed.
Ratio Decidendi
The court found that the application for transfer of Land Case No. E058 of 2021 was unopposed and meritorious. In exercising its discretion under Section 18(a) of the Civil Procedure Act and guided by Article 48 of the Constitution, the court determined that transferring the matter to the Principal Magistrate’s Court at Oyugis would serve the interests of justice and facilitate access to justice. The absence of opposition from the respondents further supported the grant of the orders sought. Accordingly, the court ordered the transfer as prayed and directed the matter to be mentioned before the Senior Principal Magistrate’s Court at Oyugis for directions.
Court Disposition
application granted
Orders
- Land Case No. E058 of 2021 pending before the Chief Magistrate’s Court at Homa-Bay is transferred to the Principal Magistrate’s Court at Oyugis for hearing and final determination.
- The costs of this application shall be costs in the cause in the main suit.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA AT HOMABAY
MISC. LAND APPLICATION NO. E002 OF 2022
(From Original Homa-Bay Land Case No. E 058 of 2021)
JAMES OTIENO OCHOLLA............................................................1ST RESPONDENT
-VERSUS-
KENNETH ODHIAMBO OBUYA.....................................................1ST RESPONDENT
WARREN SURE SURE.......................................................................2ND RESPONDENT
RACHUONYO NORTH KOSELE
DISTRICT LAND REGISTRAR........................................................3RD RESPONDENT
RULING NO.2
1. By a Notice of Motion dated 20th January 2022 and filed herein on 27th January 2022 (the application herein), the applicant, James Otieno Ocholla through Nancy Nyarige and Company Advocates is seeking the orders infra:
a) The Honourable court be pleased to order that the Land Case No. E058 of 2021 pending before the Chief Magistrate’s Court at Homa-Bay be transferred to the Principal Magistrate’s Court at Oyugis for hearing and final determination.
b) The costs of this application be costs in the cause in the main suit.
2. The application is anchored on the applicant’s affidavit and grounds (a) to (f) set out on the same.
3. The 1st Respondent through Mr. B Ogari holding brief for Mr. R Ochieng of M/S. Robert Ochieng and Company Advocates, does not oppose the application.
4. I consider of the nature of the application. The same is not challenged at all.
5. In the spirit of Article 48 of the Constitution of Kenya, 2010 and Section 18(a) of the Civil Procedure Act Chapter 21 Laws of Kenya, I find the application meritorious. Thus, I proceed to order and direct that;
a) Orders 1 and 2 sought with in the application dated 20th January 2022 and filed herein on 27th January 2022, as stated in paragraph 1(a) and (b) herein above, hereby granted.
b) Land case No. E058 of 2021 pending before the Chief Magistrate’s Court at Homa-Bay to be mentioned before the Senior Principal Magistrate’s Court at Oyugis on 6th April 2022 for directions.
c) The 2nd and 3rd Respondents be served accordingly.
6. It is so ordered.
DELIVERED, DATED AND SIGNED AT HOMA BAY THIS 2ND MARCH 2022
G.M.A ONG’ONDO
JUDGE
Present:
Nancy Nyarige, learned counsel for the Applicant.
Mr. B. Ogari holding brief for R. Ochieng, learned counsel for 1st Respondent.