[2023] KEELC 15987 (KLR)
The court, upon considering the nature of the suit, the area of the suit land, and the orders sought, determined that the Chief Magistrate's Court at Homa Bay is the appropriate forum for hearing and determination of the matter. The decision was guided by the relevant provisions of the Civil Procedure Act, which...
Source-derived case information.
- Citation
- [2023] KEELC 15987 (KLR)
- Parties
- Plaintiff: Jesus Fellowship Church International; Plaintiff: Meressah Akoth Otieno; Defendant: James Obwana Asma
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E001 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Transfer of Suit
- Outcome
- suit transferred to chief magistrate's court at homa bay
- Judges
- GMA Ongondo
- Legal Topics
- Transfer of Suit, Jurisdiction, Court Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jesus Fellowship Church International
Plaintiff
Meressah Akoth Otieno
Plaintiff
James Obwana Asma
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Transfer of Suit
Legal Issues
- 1 Whether the Environment and Land Court at Homa Bay has jurisdiction to hear and determine the suit as filed.
- 2 Whether the suit should be transferred to the Chief Magistrate's Court at Homa Bay for hearing and determination.
Ratio Decidendi
The court, upon considering the nature of the suit, the area of the suit land, and the orders sought, determined that the Chief Magistrate's Court at Homa Bay is the appropriate forum for hearing and determination of the matter. The decision was guided by the relevant provisions of the Civil Procedure Act, which empower the court to transfer suits to ensure they are heard by the court with proper jurisdiction. Accordingly, the suit was ordered to be transferred to the Chief Magistrate's Court at Homa Bay.
Court Disposition
suit transferred to chief magistrate's court at homa bay
Orders
- This suit is hereby transferred to Chief Magistrate’s Court at Homa Bay for hearing and determination.
- The suit shall be placed before the Chief Magistrate’s Court for directions on January 19, 2023.
Full Case Text
Judgment text and source record
19 paragraphs
Jesus Fellowship Church International & another v Asma (Environment & Land Case E001 of 2023) [2023] KEELC 15987 (KLR) (18 January 2023) (Ruling)
Neutral citation: [2023] KEELC 15987 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case E001 of 2023
GMA Ongondo, J
January 18, 2023
Between
Jesus Fellowship Church International
1st Plaintiff
Meressah Akoth Otieno
2nd Plaintiff
and
James Obwana Asma
Defendant
Ruling
1. I have perused a Notice of Motion dated January 12, 2023 under certificate of urgency by the plaintiff/applicants through Lumumba and Ayieko Advocates.
2. In view of the character of suit including the area of the suit land and orders sought in the plaint dated January 12, 2023 herein and being guided by sections 5,11,17 and 18 of the CPAcap 21 Laws of Kenya, I order and direct thus:1. This suit be and is hereby transferred to Chief Magistrate’s Court at HomaBay for hearing and determination.2. The suit be placed before the said Chief Magistrate’s Court for directions on January 19, 2023. 3.The parties herein be notified by the Deputy Registrar of this Court accordingly.
DELIVERED, DATED AND SIGNED AT HOMABAY THIS 18TH DAY OF JANUARY 2023. G.M.A ONG’ONDOJUDGE