[2014] KEHC 3380 (KLR)
The court found that it has jurisdiction under Article 162(2) of the Constitution, Section 13 of the Environment and Land Court Act, and Section 150 of the Land Act 2012 to hear and determine land matters. Both parties agreed that the Chief Magistrate's Court lacked jurisdiction in this instance, and consented to...
Source-derived case information.
- Citation
- [2014] KEHC 3380 (KLR)
- Parties
- Applicant: Dr Julius Ogato; Respondent: John Macharia; Respondent: Pauline Ruto; Respondent: Antony Mukundi Ngere
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 407 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Consolidation, Transfer, and Interim Orders
- Outcome
- Applications allowed; suits consolidated and transferred; interim orders granted.
- Judges
- L Waithaka
- Legal Topics
- Jurisdiction of Environment and Land Court, Transfer of Suit, Consolidation of Cases, Interim Injunctions, Maintenance of Status Quo
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dr Julius Ogato
Applicant
John Macharia
Respondent
Pauline Ruto
Respondent
Antony Mukundi Ngere
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Consolidation, Transfer, and Interim Orders
Legal Issues
- 1 Whether the Chief Magistrate's Court has jurisdiction to handle land matters as raised in the applications.
- 2 Whether Civil Suit No. 1082 of 2013 (formerly ELC 487 of 2013) should be transferred to the Environment and Land Court and consolidated with ELC 625 of 2013.
- 3 Whether interim orders to maintain status quo and restrain parties from dealing with the suit property should be granted.
Ratio Decidendi
The court found that it has jurisdiction under Article 162(2) of the Constitution, Section 13 of the Environment and Land Court Act, and Section 150 of the Land Act 2012 to hear and determine land matters. Both parties agreed that the Chief Magistrate's Court lacked jurisdiction in this instance, and consented to the transfer and consolidation of the suits. The court allowed the applications, ordered the transfer of Civil Suit No. 1082 of 2013 (formerly ELC 487 of 2013) to the Environment and Land Court, and consolidated it with ELC 625 of 2013, designating ELC 625 of 2013 as the lead file. The court further ordered that the status quo be maintained: the plaintiff remains in possession of...
Court Disposition
Applications allowed; suits consolidated and transferred; interim orders granted.
Orders
- Civil Suit No. 1082 of 2013 (formerly ELC 487 of 2013) is transferred to the Environment and Land Court and consolidated with ELC 625 of 2013.
- ELC 625 of 2013 will be the lead file; the defendant in Civil Suit No. 1082 of 2013 becomes the 1st defendant herein.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
MISC APPLICATION NO. 407 OF 2013
AND
ELC 625 0F 2013
DR JULIUS OGATO.....................................PLAINTIFF/APPLICANT
VERSUS
JOHN MACHARIA............................1ST DEFENDANT/ RESPONDENT
PAULINE RUTO...............................2ND DEFENDANT/ RESPONDENT
ANTONY MUKUNDI NGERE..............3rd DEFENDANT/ RESPONDENT
R U L I N G
1. Dr Julius Ogatofiled before this court Civil suit No. ELC 625 of 2013 simultaneously with a Notice of Motion dated 11th December, 2013. The suit sought declaratory orders whereas the notice of motion sought interim orders to restrain the 1st defendant from charging, leasing, mortgaging, selling, perpetrating acts of waste, attempting to interfere with the plaintiff’s possession of title No.Njoro/Ngata/Block1/6182 (suit property) by entering therein and damaging his trees, crops, banana fruits, fences and other developments.
2. When this application came before me on 16th December, 2013I ordered that this suit be stayed until a similar matter ELC 487 of 2013 transferred to the Chief Magistrate’s court was heard and determined.
3. Dissatisfied with this order, the applicant on 23rd January, 2014filed a miscellaneous application before this court seeking orders to withdraw suit No. 1082 of 2013 formerly ELC 487 of 2013 from the Chief Magistrate’s court and transfer the same to this court and further filed a notice of motion on 3rd February, 2014 seeking that the orders of stay issued on 16th of December, 2013 be reviewed.
4. These are the two applications before me for determination which I have perused and they appear to me to be straight forward. Counsels for both parties seem to share the view that these files should be consolidated and determined by the Environment and Land Court and even recorded a consent to this effect on 12th February, 2014. Counsels have challenged the jurisdiction of the Chief Magistrate’s court in handling Land matters.
5. The powers of this court are donated by Article 162 (2) of the Constitution of Kenya, Section 13 of the Environment and Land Court Act and section 150 of the Land Act 2012. This court has both original and appellate jurisdiction to handle Environment and Land matters. Having considered the applications, the affidavits therein and submissions by the respective counsels, I will allow the two applications and direct that Civil suit No. 1082 of 2013 formerly ELC 487 of 2013 be transferred back to this court and be consolidated with ELC 625 of 2013 for eventual hearing and disposal. ELC No. 625 of 2013 will be the lead file and the defendant in Civil suit No. 1082 of 2013 will be the 1st defendant herein. Costs will be as agreed by the parties in the consent signed on 12th February, 2014. The Deputy Registrar is directed accordingly.
6. One final issue that must be addressed. It is clear from the pleadings that the plaintiff is in possession of the suit property. To maintain peace therein, status quo shall be maintained as follows; the plaintiff shall remain in possession of the suit property but is restrained from further construction therein. Both the plaintiff and defendants in this suit are restrained from wasting, damaging, charging, leasing, alienating, selling and/or transferring the suit property to third parties pending the hearing and determination of this suit. Parties to comply with Order 11 of the Civil Procedure Rules within 30 days and have the matter set down for pretrial.
Orders accordingly.
Dated, signed and delivered this 11th day of July 2014
L N WAITHAKA
JUDGE
PRESENT
Mr Obutu holding brief for Mr Omae for plaintiff
Mr Magata for the 2nd/3rd respondent
N/A for 1st respondent.
Emmanuel Maelo: Court Clerk.
L N WAITHAKA
JUDGE