[2017] KEELC 759 (KLR)
The court found that the dispute in question is a land matter as contemplated under Article 162 of the Constitution of Kenya, 2010. However, since magistrates now have jurisdiction to hear land matters within their pecuniary limits, the application for transfer is deemed heard and determined, and the issues in...
Source-derived case information.
- Citation
- [2017] KEELC 759 (KLR)
- Parties
- Applicant: Kaanwa P.C.E.A. Health Centre (suing through Wilfred Mugambi Mwithimbu (Chairman)); Applicant: Jafford Mugambi Njagi (Secretary); Applicant: Isaac Mugo (Committee Member); Respondent: Tharaka Nithi County Government
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 2 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit
- Outcome
- Application deemed heard and determined; suit to proceed in Chuka Civil Case No. 87 of 2014.
- Judges
- FM Njoroge
- Legal Topics
- Transfer of Suit, Jurisdiction of Courts, Land Disputes, Pecuniary Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kaanwa P.C.E.A. Health Centre (suing through Wilfred Mugambi Mwithimbu (Chairman))
Applicant
Jafford Mugambi Njagi (Secretary)
Applicant
Isaac Mugo (Committee Member)
Applicant
Tharaka Nithi County Government
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the dispute qualifies as a land matter under Article 162 of the Constitution of Kenya, 2010.
- 2 Whether the suit should be transferred to the Environment and Land Court for hearing and disposal.
- 3 Whether magistrates have jurisdiction to hear land matters within their pecuniary limits.
Ratio Decidendi
The court found that the dispute in question is a land matter as contemplated under Article 162 of the Constitution of Kenya, 2010. However, since magistrates now have jurisdiction to hear land matters within their pecuniary limits, the application for transfer is deemed heard and determined, and the issues in dispute are to be heard in Chuka Civil Case No. 87 of 2014.
Court Disposition
Application deemed heard and determined; suit to proceed in Chuka Civil Case No. 87 of 2014.
Orders
- This application is deemed heard and determined.
- The issues in dispute are to be heard vide Chuka Civil Case No. 87 of 2014.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC MISCELLANEOUS APPLICATION CASE NO 2 OF 2017
KAANWA P.C.E.A. HEALTH CENTRE (SUING THROUGH WILFRED MUGAMBI
MWITHIMBU(CHAIRMAN)…………………..........................….1ST APPLICANT
JAFFORD MUGAMBI NJAGI (SECRETARY)…………...............2ND APPLICANT
ISAAC MUGO (COMMITTEE MEMBER)…………..............……3RD APPLICANT
VERSUS
THARAKA NITHI COUNTY GOVERNMENT………….................…RESPONDENT
RULING
1. This application is dated 17th February, 2017 and seeks orders:
1. That this honourable court be pleased to transfer Chuka Civil Case No. 87 of 2014 and all proceedings thereof to this honourable court for trial and disposal.
2. That costs of this application be provided for.
2. The application has the following grounds.
1. That the matter in question herein is a land dispute within the definition set out in Article 162 of the Constitution of Kenya 2010.
2. That as such, this suit should be transferred to this honourable court for hearing and disposal.
3. As magistrates now have jurisdiction to hear land matters falling within their pecuniary jurisdiction, it is ordered as follows:
1. This application is deemed heard and determined.
2. The issues in dispute are to be heard vide Chuka Civil Case No. 87 of 2014
Delivered in open court at Chuka this 6th day of December, 2017 in the presence of:
CA: Ndegwa
Parties absent
P.M. NJOROGE
JUDGE