[2024] KEELC 4933 (KLR)
The court found that the value of the suit property, as per the County Valuer's report, does not exceed Kshs. 10,000,000. Consequently, the Environment and Land Court lacks pecuniary jurisdiction to hear and determine the matter. The appropriate forum is the Magistrates' Court, which has the requisite jurisdiction...
Source-derived case information.
- Citation
- [2024] KEELC 4933 (KLR)
- Parties
- Applicant: Kisumba Moses Kathungu; Respondent: Peter Siameto Kirore; Respondent: Partick Ngigi; Respondent: Land Surveyor - Narok North/South; Respondent: Land Registrar - Narok North/South
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Petition E004 of 2023
- Procedural Posture
- Environment and Land Petition / Ruling on Jurisdiction and Transfer
- Outcome
- file transferred to magistrates' court for lack of pecuniary jurisdiction
- Judges
- CG Mbogo
- Legal Topics
- Pecuniary Jurisdiction, Transfer of Suit, Valuation of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kisumba Moses Kathungu
Applicant
Peter Siameto Kirore
Respondent
Partick Ngigi
Respondent
Land Surveyor - Narok North/South
Respondent
Land Registrar - Narok North/South
Respondent
Procedural Posture
Environment and Land Petition / Ruling on Jurisdiction and Transfer
Legal Issues
- 1 Whether the Environment and Land Court has pecuniary jurisdiction to hear and determine the petition given the value of the suit property.
- 2 Whether the matter should be transferred to the Magistrates' Court for hearing and determination.
Ratio Decidendi
The court found that the value of the suit property, as per the County Valuer's report, does not exceed Kshs. 10,000,000. Consequently, the Environment and Land Court lacks pecuniary jurisdiction to hear and determine the matter. The appropriate forum is the Magistrates' Court, which has the requisite jurisdiction to handle disputes where the value of the subject matter falls within its statutory limit. The court therefore ordered the transfer of the file to the Chief Magistrates Court at Narok for hearing and determination.
Court Disposition
file transferred to magistrates' court for lack of pecuniary jurisdiction
Orders
- The file is hereby transferred to the Chief Magistrates Court at Narok for hearing and determination.
Full Case Text
Judgment text and source record
24 paragraphs
Kathungu v Kirore & 3 others (Environment & Land Petition E004 of 2023) [2024] KEELC 4933 (KLR) (24 June 2024) (Ruling)
Neutral citation: [2024] KEELC 4933 (KLR)
Republic of Kenya
In the Environment and Land Court at Narok
Environment & Land Petition E004 of 2023
CG Mbogo, J
June 24, 2024
Between
Kisumba Moses Kathungu
Applicant
and
Peter Siameto Kirore
1st Respondent
Partick Ngigi
2nd Respondent
Land Surveyor - Narok North/South
3rd Respondent
Land Registrar - Narok North/South
4th Respondent
Ruling
1. Pursuant to the ruling delivered on 4th December, 2023, John M. Nganga, the County Valuer filed a report dated 14th February, 2024. I have considered the said report and I note that the County Valuer gave an estimated value of the price of one acre at Kshs. 1,500,000/-. It is immaterial at this stage to consider the acreage of the suit property herein, Cis Mara/ Enabelbel Enengetia/391 as the report indicates a discrepancy on the acreage as per the search certificate against the surveyor’s report.
2. Going by the said report that indicates that the suit property is 6. 42 acres, it would mean that the value of the land does not exceed Kshs. 10,000,000/-. Owing to the pecuniary jurisdiction of the instant case, this is a matter best fit for hearing and determination by the Magistrates’ court.
3. As such, this file is hereby transferred to the Chief Magistrates Court at Narok for hearing and determination. Orders accordingly.
DATED, SIGNED & DELIVERED VIA EMAIL THIS 24TH DAY OF JUNE, 2024. HON. MBOGO C.G.JUDGE24/06/2024.