[2023] KEELC 20576 (KLR)
The court found that the suit land is located within the jurisdiction of the Ndhiwa Principal Magistrate's Court and that the suit was filed in error at the Homa Bay Chief Magistrate's Court. The court relied on the constitutional and statutory provisions empowering it to ensure access to justice and to transfer...
Source-derived case information.
- Citation
- [2023] KEELC 20576 (KLR)
- Parties
- Plaintiff: Maurice Sindsi Jowi; Defendant: Zacharia Odero Oganga
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application E006 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Transfer of Suit
- Outcome
- application allowed
- Judges
- GMA Ongondo
- Legal Topics
- Transfer of Suit, Jurisdiction of Courts, Access to Justice, Costs of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maurice Sindsi Jowi
Plaintiff
Zacharia Odero Oganga
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Transfer of Suit
Legal Issues
- 1 Whether the Environment and Land Case E041 of 2023 should be transferred from Homa Bay Chief Magistrate's Court to Ndhiwa Principal Magistrate's Court.
- 2 Whether the suit was filed in the correct jurisdiction.
- 3 Whether the court should grant costs of the application.
Ratio Decidendi
The court found that the suit land is located within the jurisdiction of the Ndhiwa Principal Magistrate's Court and that the suit was filed in error at the Homa Bay Chief Magistrate's Court. The court relied on the constitutional and statutory provisions empowering it to ensure access to justice and to transfer suits to the appropriate forum. The application was found meritorious and the transfer was ordered to facilitate proper hearing and determination of the matter. Costs were ordered to abide the cause.
Court Disposition
application allowed
Orders
- The Environment and Land Case No. E041 of 2023 is transferred from Homa Bay Chief Magistrate's Court to Ndhiwa Principal Magistrate's Court for hearing and determination.
- Costs of the application to abide the cause.
Full Case Text
Judgment text and source record
25 paragraphs
Jowi v Oganga (Environment and Land Miscellaneous Application E006 of 2023) [2023] KEELC 20576 (KLR) (4 October 2023) (Ruling)
Neutral citation: [2023] KEELC 20576 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment and Land Miscellaneous Application E006 of 2023
GMA Ongondo, J
October 4, 2023
Between
Maurice Sindsi Jowi
Plaintiff
and
Zacharia Odero Oganga
Defendant
Ruling
1. I have duly considered the entire application by way of a notice of motion dated 3rd October 2023 under certificate of urgency by the plaintiff/applicant through L K Obwanda and Company Advocates. The applicant is seeking the transfer of Homa Bay Chief Magistrate's court Environment and Land Case number E041 of 2023 to Ndhiwa Principal Magistrate's court for hearing and determination and costs of the application be provided for.
2. The application is based on the grounds set out on the face of it alongside an affidavit sworn by the applicant's counsel and a copy of pleadings marked as "OL-1" annexed to the affidavit.
3. Briefly, the applicant contends that the suit was filed in error. That the suit land, LR No. Homa Bay/K/K/Karanding/539 is located within the jurisdiction of Ndhiwa Principal Magistrate's Court and that no document has been served in the suit.
4. I take into all the provisions of the law under which the application was commenced. More importantly, Articles 6 (3) and 48 of the Constitution of Kenya, 2010 provide for access to justice.
5. Additionally, this court has the mandate to make orders to meet the ends of justice pursuant to section 3 of the Environment and Land Court, 2015 (2011) and sections 1A, 1B, 3 , 3A and 18 (1) (a) of the Civil Procedure Act Chapter 21 Laws of Kenya.
6. In the circumstances, I find the application meritorious.
7. Accordingly, this application is allowed in terms of transfer of the suit as per the 2nd prayer therein.
8. Costs of the application to abide the cause.
9. The suit be placed before the Principal Magistrate at Ndhiwa Law Courts on 18th October 2023 for directions.
10. It is so ordered.
G M A ONGONDOJUDGEELC HOMA BAY4TH OCTOBER 2023