[2022] KEELC 1737 (KLR)
The court recognizes that the application raises a jurisdictional issue regarding whether the Environment and Land Court or the Isiolo Magistrates’ Courts is the proper forum based on the value of the subject matter. The court finds it necessary to expedite the hearing of the application and directs the parties to...
Source-derived case information.
- Citation
- [2022] KEELC 1737 (KLR)
- Parties
- Plaintiff: Lena Kanario; Defendant: Suleiman Roba
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 15 of 2021
- Procedural Posture
- Miscellaneous Application / Interlocutory Application for Transfer of Suit
- Outcome
- Directions issued for expeditious hearing of the application; no final orders on transfer granted at this stage.
- Legal Topics
- Jurisdiction of Court, Transfer of Suit, Pecuniary Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lena Kanario
Plaintiff
Suleiman Roba
Defendant
Procedural Posture
Miscellaneous Application / Interlocutory Application for Transfer of Suit
Legal Issues
- 1 Whether the Environment and Land Court at Isiolo has jurisdiction over the subject matter based on its value.
- 2 Whether the suit should be transferred to the Isiolo Magistrates’ Courts for hearing and determination.
Ratio Decidendi
The court recognizes that the application raises a jurisdictional issue regarding whether the Environment and Land Court or the Isiolo Magistrates’ Courts is the proper forum based on the value of the subject matter. The court finds it necessary to expedite the hearing of the application and directs the parties to file and exchange written submissions within specified timelines. The court does not make a final determination on the transfer but sets the matter down for directions, emphasizing the importance of resolving jurisdictional questions promptly to avoid prejudice and ensure the matter is heard by the appropriate court.
Court Disposition
Directions issued for expeditious hearing of the application; no final orders on transfer granted at this stage.
Orders
- Applicant to file and exchange written submissions within 21 days.
- Respondent to file and exchange written submissions within 21 days after receipt of applicant's submissions.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE LAND AND ENVIRONMENT COURT AT ISIOLO
ELC CASE NO. 015 OF 2021
LENA KANARIO...........................................PLAINTIFF
-VERSUS-
SULEIMAN ROBA....................................DEFENDANT
RULING
1. This application is filed by the defendant. It is dated 31st December, 2021 and seeks the orders that:
1. THATthe application be certified as urgent and heard ex-parte.
2. THAT this Honourable Court be pleased to transfer the current suit to the Isiolo Magistrates’ Courts for hearing and determination.
3. THAT the costs of this application be provided for.
2. The application is supported by the affidavit of Suleiman Guyo Roba, the defendant and has the following grounds:
a) The value of the subject matter of this suit falls within the jurisdiction of the Isiolo Magistrates’ Courts.
b) The Isiolo Magistrates’ Courts is the court of first instance and the court with competent Jurisdiction to hear and determine the suit.
c) The Respondent will not suffer any prejudice if the matter is transferred to the Isiolo Magistrates’ Courts.
d) It is for the interest of justice that the orders be granted.
3. As the application is taking issue with the Jurisdiction of this court in this matter, I deem it necessary to have the application heard and determined expeditiously.
4. The applicant is granted 21 days to file and exchange written submissions and the respondent is to do so within 21 days after receipt of the applicant’s written submissions.
5. Parties granted leave to respond as and if necessary before the mention date.
6. Parties will come to court for directions on 9/5/2022.
DELIVERED IN OPEN COURT AT ISIOLO THIS 7TH DAY OF FEBRUARY, 2022 IN THE PRESENCE OF
Court Assistant: Denge
Ogola h/b Kiogora Mugambi for the plaintiff
M/s Nyasani h/b Jarso for the defendant
HON. JUSTICE P. M. NJOROGE
JUDGE