[2025] KEELC 3885 (KLR)

[2025] KEELC 3885 (KLR)

The court held that, following the prevailing pronouncement by the Court of Appeal, Magistrate Courts lack jurisdiction to hear adverse possession claims. As a result, any suit filed in such a court is a nullity and cannot be transferred to the Environment and Land Court under Section 18 of the Civil Procedure Act. The proper course for the applicant is to withdraw the suit from the Magistrate Court and file a fresh, competent suit in the Environment and Land Court. The application for transfer was therefore declined.

Citation
[2025] KEELC 3885 (KLR)
Parties
Plaintiff: Francisca Karimi M’Arimi; Defendant: Fredrick Gikunda Manyara
Court
Environment and Land Court
Court Station
Environment and Land Court at Meru
Jurisdiction
Kenya
Judgment Date
12 May 2025
Case Number
Land Case E018 of 2025
Procedural Posture
Notice of Motion / Ruling on Application for Transfer of Suit
Outcome
application declined
Judges
BM Eboso
Legal Topics
Adverse Possession, Jurisdiction of Magistrate Courts, Transfer of Suits, Nullity of Proceedings
Source Language
English
Land and Property Civil Procedure Adverse Possession Jurisdiction of Magistrate Courts Transfer of Suits Nullity of Proceedings

Case Brief

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Parties

Francisca Karimi M’Arimi

Plaintiff

Fredrick Gikunda Manyara

Defendant

Procedural Posture

Notice of Motion / Ruling on Application for Transfer of Suit

Legal Issues

  1. 1 Whether a suit for adverse possession filed in a Magistrate Court lacking jurisdiction can be transferred to the Environment and Land Court.
  2. 2 Whether a suit filed in a court without jurisdiction is a nullity and capable of being transferred.

Ratio Decidendi

The court held that, following the prevailing pronouncement by the Court of Appeal, Magistrate Courts lack jurisdiction to hear adverse possession claims. As a result, any suit filed in such a court is a nullity and cannot be transferred to the Environment and Land Court under Section 18 of the Civil Procedure Act. The proper course for the applicant is to withdraw the suit from the Magistrate Court and file a fresh, competent suit in the Environment and Land Court. The application for transfer was therefore declined.

Court Disposition

application declined

Orders

  • The application dated 29th April, 2025 is declined.
  • There will be no award of costs.