[2021] KEELC 4151 (KLR)
The court found that the dispute, concerning payment over title to land, falls squarely within its jurisdiction as established by the Environment and Land Court Act and the Constitution. The court further held that it has the power to revoke or vary its previous directions in order to ensure the just, expeditious,...
Source-derived case information.
- Citation
- [2021] KEELC 4151 (KLR)
- Parties
- Applicant: Joseph Okello Nyanginja; Respondent: One Stop Superstores Limited; Respondent: Jeremiah O. Soire t/a Soire and Company Advocates
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 72 of 2019
- Procedural Posture
- Originating Summons / Interlocutory Ruling
- Outcome
- Directions of 10/02/2020 revoked; matter fixed for pre-trial directions; applicant to serve respondents within seven days.
- Judges
- GMA Ongondo
- Legal Topics
- Title Disputes, Payment of Purchase Price, Court Jurisdiction, Pre Trial Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Okello Nyanginja
Applicant
One Stop Superstores Limited
Respondent
Jeremiah O. Soire t/a Soire and Company Advocates
Respondent
Procedural Posture
Originating Summons / Interlocutory Ruling
Legal Issues
- 1 Whether the directions given on 10/02/2020 should be reversed.
- 2 Whether the court has jurisdiction over the dispute concerning payment over title to land reference Central/Kasipul/Kamamu 6925.
- 3 What directions should be given for the hearing of the originating summons.
Ratio Decidendi
The court found that the dispute, concerning payment over title to land, falls squarely within its jurisdiction as established by the Environment and Land Court Act and the Constitution. The court further held that it has the power to revoke or vary its previous directions in order to ensure the just, expeditious, and efficient disposal of the matter. Accordingly, the directions given on 10th February 2020 were revoked, and the originating summons was fixed for pre-trial directions, with the applicant directed to serve the respondents within seven days. The court's decision was guided by the need to facilitate a fair hearing and proper management of the case in accordance with the...
Court Disposition
Directions of 10/02/2020 revoked; matter fixed for pre-trial directions; applicant to serve respondents within seven days.
Orders
- The court’s orders and directions given on 10th February 2021 are revoked.
- The originating summons is fixed for pre-trial directions before this court on 10th March 2021.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT MIGORI
ELC CASE NO. 72 OF 2019
JOSEPH OKELLO NYANGINJA....................PLAINTIFF/APPLICANT
VERSUS
ONE STOP SUPERSTORES LIMITED......................1ST RESPONDENT
JEREMIAH O. SOIRE t/a SOIRE AND
COMPANY ADVOCATES........................................2ND RESPONDENT
RULING
1. The present determination is with regard to a request reference number TOK/047/JON/RD-96 dated 15th February 2021 initiated by Mr. Tom O. K’Opere, learned counsel for the plaintiff/applicant, Joseph Okello Nyanginja. Principally, he is seeking that ;-
“ The directions given on 10/02/2020 be reversed and the court gives fresh directions on thehearing of the originating summons dated 27th September 2019.
2. The originating summons is mounted under Order 37 Rule 3 and Order 52 Rule 7 of the Civil Procedure Rules,2010 for determination of issues 1,2 and 3 set out on it’s face. The said Orders, Rules, and issues are noted herein.
3. It is discerned from the originating summons as well as the replying affidavit thereto sworn on 30th October 2019, that the instant dispute concerns the payment of Kshs. 518,282. 00 over the title to land reference number Central/ Kasipul/Kamamu 6925 (the suit land). In view of Order 37 Rule 3 and Order 52 Rule 7 (supra), section 13 of the Environment and Land Court Act, 2015 (2012) as well as Article 162 (2) (b) of the Constitution of Kenya,2010 and the Supreme court of Kenya decision in Republic =vs= Karisa Chengo & Others (2017) eKLR, the dispute falls within the jurisdiction of this court.
4. A fortiori, pursuant to sections 1A,1B,3,3A and 18 of the Civil Procedure Act (Cap 21 Laws of Kenya) and section 3 of the Environment and Land Court Act, 2015 (2012), it is hereby ordered and directed thus:-
a) This court’s orders and directions given on 10th February 2021 be and are hereby revoked.
b) The originating summons fixed for pre-trial directions before this court on 10th March 2021.
c) The plaintiff/applicants’ counsel to serve the respondents within the next seven (7) days from this date.
DELIVERED, DATEDandSIGNED at MIGORI this 18th day of February, 2021
G.M.A. ONGONDO
JUDGE
In presence of ;-
Tom Maurice - Court assistant