[2017] KEELC 1865 (KLR)
The court found that since the subject matter of the suit is a parcel of land located in Kisumu (KISUMU/MUNICIPALITY/BLOCK 8/143), the Environment and Land Court at Kisumu has the proper jurisdiction to hear and determine the matter. Accordingly, the court exercised its discretion to allow the application for...
Source-derived case information.
- Citation
- [2017] KEELC 1865 (KLR)
- Parties
- Plaintiff: Juma Muchemi; Defendant: Grace Wambui Odongo t/a Classic Guest House
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 378 of 2014
- Procedural Posture
- Notice of Motion / Ruling on Interlocutory Application for Transfer of Suit
- Outcome
- Application allowed; suit transferred to Kisumu Environment and Land Court.
- Judges
- MM Gitumbi
- Legal Topics
- Jurisdiction of Court, Transfer of Suit, Environment and Land Court, Venue of Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Juma Muchemi
Plaintiff
Grace Wambui Odongo t/a Classic Guest House
Defendant
Procedural Posture
Notice of Motion / Ruling on Interlocutory Application for Transfer of Suit
Legal Issues
- 1 Whether the Environment and Land Court at Nairobi has jurisdiction over the subject matter located in Kisumu.
- 2 Whether the suit should be transferred to the Environment and Land Court at Kisumu.
Ratio Decidendi
The court found that since the subject matter of the suit is a parcel of land located in Kisumu (KISUMU/MUNICIPALITY/BLOCK 8/143), the Environment and Land Court at Kisumu has the proper jurisdiction to hear and determine the matter. Accordingly, the court exercised its discretion to allow the application for transfer and ordered that the suit be transferred to the Kisumu ELC court for further proceedings.
Court Disposition
Application allowed; suit transferred to Kisumu Environment and Land Court.
Orders
- Notice of Motion dated 15th October 2014 allowed in terms of prayer No. 2.
- The matter is transferred to the Kisumu Environment and Land Court.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
MILIMANI LAW COURTS
ELC. CASE NO. 378 OF 2014
JUMA MUCHEMI……………………............................……….…..PLAINTIFF
VERSUS
GRACE WAMBUI ODONGO T/A CLASSIC GUEST HOUSE....DEFENDANT
RULING
I have considered Notice of Motion dated 15th October 2014 and the Supporting Affidavit filed by the Defendant/Applicant. I have also considered the Plaintiff/Respondent’s Replying Affidavit sworn on 10th December 2014.
The subject matter of this suit is a parcel of land identified as KISUMU/MUNICIPALITY/BLOCK 8/143. As there is an Environment and Land Court (ELC) in Kisumu, this suit falls within their jurisdiction. Accordingly, I will allow Notice of Motion dated 15th October 2014 in terms of prayer No. 2.
Let this matter be transferred to the Kisumu ELC court and be mentioned before that court on a date to be given by this court. Costs on the cause.
DELIVERED, DATED AND SIGNED AT NAIROBI THIS 1ST DAY OF SEPTEMBER 2017.
MARY M. GITUMBI
JUDGE