[2023] KEELC 375 (KLR)
The court determined that, considering the area of the suit land and the relevant constitutional and statutory provisions, the proper forum for hearing and determination of the dispute is the Mbita Senior Resident Magistrate’s Court. The Environment and Land Court at Homa Bay lacks jurisdiction due to the location...
Source-derived case information.
- Citation
- [2023] KEELC 375 (KLR)
- Parties
- Plaintiff: John Okong’o Mathiko; Plaintiff: Salome Ongoro; Defendant: Alex Ongoro; Defendant: Vincent Ali Alex
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 4 of 2021
- Procedural Posture
- Environment and Land Case / Ruling on Transfer of Suit
- Outcome
- Suit transferred to Mbita Senior Resident Magistrate’s Court for hearing and determination.
- Judges
- GMA Ongondo
- Legal Topics
- Transfer of Suit, Jurisdiction, Land Ownership
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Okong’o Mathiko
Plaintiff
Salome Ongoro
Plaintiff
Alex Ongoro
Defendant
Vincent Ali Alex
Defendant
Procedural Posture
Environment and Land Case / Ruling on Transfer of Suit
Legal Issues
- 1 Whether the Environment and Land Court at Homa Bay has jurisdiction to hear the suit concerning land parcel Suba/Kamweda/2860.
- 2 Whether the suit should be transferred to the Mbita Senior Resident Magistrate’s Court for hearing and determination.
Ratio Decidendi
The court determined that, considering the area of the suit land and the relevant constitutional and statutory provisions, the proper forum for hearing and determination of the dispute is the Mbita Senior Resident Magistrate’s Court. The Environment and Land Court at Homa Bay lacks jurisdiction due to the location and possibly the value of the land in question. Therefore, the suit is transferred to the appropriate court to ensure proper administration of justice and adherence to jurisdictional requirements.
Court Disposition
Suit transferred to Mbita Senior Resident Magistrate’s Court for hearing and determination.
Orders
- This suit is transferred to Mbita Senior Resident Magistrate’s Court for hearing and determination.
- Mention before the said court for directions on 11th April 2023.
Full Case Text
Judgment text and source record
23 paragraphs
Mathiko & another v Ongoro & another (Environment & Land Case 4 of 2021) [2023] KEELC 375 (KLR) (31 January 2023) (Ruling)
Neutral citation: [2023] KEELC 375 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case 4 of 2021
GMA Ongondo, J
January 31, 2023
FORMERLY MIGORI ELC CASE NO. 30 OF 2020
Between
John Okong’o Mathiko
1st Plaintiff
Salome Ongoro
2nd Plaintiff
and
Alex Ongoro
1st Defendant
Vincent Ali Alex
2nd Defendant
Ruling
1. By an amended plaint dated 21st March 2022 and filed herein on 19th April 2022, the plaintiff through the firm of Agure Odero and Company Advocate are claiming being legal owners of land parcel number Suba/Kamweda/2860 measuring one decimal seven three hectares (1. 73 Ha) in area.
2. The suit land is located in Suba within the jurisdiction of Mbita Senior Resident Magistrate’s Court.
3. Bearing in mind the area of the suit land and being guided by Articles 6(3) and 48 of the Constitution of Kenya, 2010 as well as Sections 1A, 1B, 3, 3A, 11, 12, 13, 15, 18 (a) of the Civil Procedure Act Chapter 21 Laws of Kenya, it is hereby ordered and directed thus;a.This suit is transferred to Mbita Senior Resident Magistrate’s Court for hearing and determination.b.Mention before the said court for directions on 11th April 2023.
DATED AND DELIVERED AT HOMA-BAY THIS 31ST DAY OF JANUARY 2023. G.M.A ONG’ONDOJUDGEPresent:1. Mr. Odero, learned counsel for the plaintiff.2. Okello, court assistant.