[2019] KEELC 724 (KLR)
The court held that since the suit property, Land Reference number 10029/31 (Kitengela Farm), is situated in Kitengela, Kajiado County, the proper forum for hearing and determination is the Environment and Land Court at Kajiado. The transfer is necessary to avoid duplicity, conflicting findings, and to facilitate...
Source-derived case information.
- Citation
- [2019] KEELC 724 (KLR)
- Parties
- Plaintiff: John Simon Ndolo Muli; Defendant: Matunge Peresiet Lila alias Matunke Ole Sapuko alias Matunke Oloe Sapuko Peny; Defendant: Peter Nzuki Ndeti; Defendant: Joseph Nzau Ndeti; Defendant: Beatrice K. Ndolo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 158 of 2018
- Procedural Posture
- Notice of Motion / Ruling on Application for Transfer of Suit
- Outcome
- Application allowed; suit transferred to ELC Kajiado.
- Judges
- OA Angote
- Legal Topics
- Transfer of Suit, Jurisdiction, Consolidation of Matters
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Simon Ndolo Muli
Plaintiff
Matunge Peresiet Lila alias Matunke Ole Sapuko alias Matunke Oloe Sapuko Peny
Defendant
Peter Nzuki Ndeti
Defendant
Joseph Nzau Ndeti
Defendant
Beatrice K. Ndolo
Defendant
Procedural Posture
Notice of Motion / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the suit should be transferred to the Environment and Land Court at Kajiado for hearing and determination.
- 2 Whether the transfer would avoid duplicity and conflicting findings due to related matters pending in Kajiado.
- 3 Whether the locus of the suit property determines the appropriate court station.
Ratio Decidendi
The court held that since the suit property, Land Reference number 10029/31 (Kitengela Farm), is situated in Kitengela, Kajiado County, the proper forum for hearing and determination is the Environment and Land Court at Kajiado. The transfer is necessary to avoid duplicity, conflicting findings, and to facilitate possible consolidation with related matters already pending in Kajiado. The court emphasized that the location of the land determines the appropriate court station, and this is both the law and established practice. The issue of consolidation with other pending cases will be determined by the trial court in Kajiado.
Court Disposition
Application allowed; suit transferred to ELC Kajiado.
Orders
- The Application dated 13th February, 2019 is allowed.
- This file is hereby transferred to the Environment and Land Court, Kajiado for hearing and determination.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MACHAKOS
ELC. CASE NO. 158 OF 2018 (O.S)
JOHN SIMON NDOLO MULI.............................................................PLAINTIFF
VERSUS
MATUNGE PERESIET LILAaliasMATUNKE
OLE SAPUKOaliasMATUNKE OLOE SAPUKO PENY......1ST DEFENDANT
PETER NZUKI NDETI..............................................................2ND DEFENDANT
JOSEPH NZAU NDETI.............................................................3RD DEFENDANT
BEATRICE K. NDOLO..............................................................4TH DEFENDANT
RULING
1. In the Notice of Motion dated 13th February, 2019, the 1st Defendant has prayed for an order transferring this matter to the Environment and Land Court in Kajiado for hearing and determination.
2. The Application is premised on the grounds that the suit property is in Kajiado County; that there are other three matters involving the same subject matter and parties in the ELC, Kajiado and that the other three matters are ELC Case Nos. 168 of 2017, 186 of 2017, 4 of 2018 and 5 of 2018.
3. The 1st Defendant deponed that transferring the matter to Kajiado will avoid duplicity and the court issuing conflicting findings; that there is need to consolidate all the four matters and that transferring the matter will promote harmony and good jurisprudence.
4. The advocate for the Plaintiff and the Defendants filed submissions which I have considered. This is one of those Applications that should not have been argued by the parties in the first place. Indeed, it is these kind of Applications that take up the limited judicial time that should be utilized in handling serious disputes between parties.
5. It is obvious that the Environment and Land Court is one court, and depending on the locus quo of the suit land, the court can and should transfer the file to the station in whose area the land is situated. That is the law and the practice.
6. Land Reference number 10029/31, the suit land, is indicated to be in Kitengela. Indeed, the said land is known as “Kitengela Farm”.Considering that Kitengela is in Kajiado County, this suit should be transferred to the Environment and Land Court, Kajiado. The issue of whether this matter should be consolidated with ELC. Nos. 168 of 2017, 186 of 2017, 4 of 2018 and 5 of 2018 will be considered by the trial court.
7. In the circumstances, I allow the Application dated 13th February, 2019. This file is hereby transferred to the ELC, Kajiado for hearing and determination.
DATED, DELIVERED AND SIGNED IN MACHAKOS THIS 15TH DAY OF NOVEMBER, 2019.
O.A. ANGOTE
JUDGE