[2016] KEELC 1220 (KLR)
The court held that the application for transfer could not be allowed because the counterclaim, which was the basis for asserting that the Subordinate Court lacked pecuniary jurisdiction, had not yet been filed or raised. The mere intention to file a counterclaim is insufficient to justify transfer. Therefore, the...
Source-derived case information.
- Citation
- [2016] KEELC 1220 (KLR)
- Parties
- Applicant: Kasigau Ranching (D.A) Co. Ltd; Respondent: Finch Travel Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case 261 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit
- Outcome
- application dismissed
- Judges
- MM Gitumbi
- Legal Topics
- Transfer of Suit, Pecuniary Jurisdiction, Counterclaim, Environment and Land Court Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kasigau Ranching (D.A) Co. Ltd
Applicant
Finch Travel Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the suit should be transferred from the Subordinate Court to the Environment & Land Court due to the alleged value and nature of the counterclaim.
- 2 Whether a counterclaim that has not yet been filed can justify transfer of a suit based on anticipated pecuniary jurisdiction.
Ratio Decidendi
The court held that the application for transfer could not be allowed because the counterclaim, which was the basis for asserting that the Subordinate Court lacked pecuniary jurisdiction, had not yet been filed or raised. The mere intention to file a counterclaim is insufficient to justify transfer. Therefore, the application was dismissed as premature.
Court Disposition
application dismissed
Orders
- The application for transfer is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
ENVIRONMENT AND LAND COURT
ELC. MISC. NO. 261 OF 2015
KASIGAU RANCHING (D.A) CO. LTD...................................APPLICANT
VERSUS
FINCH TRAVEL LIMITED....................................................RESPONDENT
RULING
Notice of Motion dated 28th September 2015 seeks the transfer of Milimani CM.CC. NO. 788 of 2015 from the Subordinate Court to the Environment & Land Court for full hearing and determination on the ground that though the Plaintiffs’ claim is for a sum of Ksh. 5,818,610/-, the Respondent plans to file a counterclaim touching on a Ksh. 50million investment on the suit premises, a lease of over 15,000 acres on LR NO. 12180 and seek damages for breach of Lease Agreement.
Accordingly, the Applicant urges that the subject matter of the suit before the Subordinate Court exceeds the pecuniary jurisdiction thereof, thereby necessitating the transfer of the suit to the Environment & Land Court which has unlimited original jurisdiction on land matters. It is noteworthy that as matters stand right now, the Applicant has not yet raised the counterclaim referred to. The Applicant has only noted that they desire to file the said counterclaim. I therefore decline to allow the Application for the reason that the Counterclaim has not as yet been raised or lodged.
The application is therefore dismissed with no order as to costs.
DELIVERED AND SIGNED AT NAIROBI THIS 4TH DAY OF MARCH 2016.
MARY M. GITUMBI
JUDGE