[2023] KEELC 21071 (KLR)
The court found that, considering the character of the claim and the size of the property in dispute, as well as the relevant provisions of the Civil Procedure Act, the matter falls within the jurisdiction of the Chief Magistrate’s Court, Homa Bay, and not the Environment and Land Court. The suit was therefore filed...
Source-derived case information.
- Citation
- [2023] KEELC 21071 (KLR)
- Parties
- Plaintiff: Milca Atieno Migoya (Suing as the administrator of the Estate of Labisilaus Mogoya G Odero and on her own behalf); Defendant: Daniel Ochieng Opiyo; Defendant: Jared Adhiambo Awiti; Defendant: The Land Registrar, Homabay County; Defendant: The Honourable Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E003 of 2023
- Procedural Posture
- Environment and Land Case / Ruling on Jurisdiction and Transfer
- Outcome
- Suit transferred to the Chief Magistrate’s Court, Homa Bay, for hearing and determination.
- Judges
- GMA Ongondo
- Legal Topics
- Jurisdiction of Courts, Transfer of Suit, Eviction Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Milca Atieno Migoya (Suing as the administrator of the Estate of Labisilaus Mogoya G Odero and on her own behalf)
Plaintiff
Daniel Ochieng Opiyo
Defendant
Jared Adhiambo Awiti
Defendant
The Land Registrar, Homabay County
Defendant
The Honourable Attorney General
Defendant
Procedural Posture
Environment and Land Case / Ruling on Jurisdiction and Transfer
Legal Issues
- 1 Whether the Environment and Land Court at Homa Bay has jurisdiction to hear and determine the suit in the first instance.
- 2 Whether the suit should be transferred to the Chief Magistrate’s Court, Homa Bay for hearing and determination.
Ratio Decidendi
The court found that, considering the character of the claim and the size of the property in dispute, as well as the relevant provisions of the Civil Procedure Act, the matter falls within the jurisdiction of the Chief Magistrate’s Court, Homa Bay, and not the Environment and Land Court. The suit was therefore filed in the wrong court by mistake. To cure this defect and ensure the matter is heard by the proper forum, the court ordered the transfer of the suit to the Chief Magistrate’s Court, Homa Bay, for hearing and determination.
Court Disposition
Suit transferred to the Chief Magistrate’s Court, Homa Bay, for hearing and determination.
Orders
- This suit is transferred to HomaBay Chief Magistrate’s Court for hearing and determination.
- The file shall be placed before the Chief Magistrate’s Court at HomaBay for directions on 1st November 2023.
Full Case Text
Judgment text and source record
27 paragraphs
Migoya (Suing as the administrator of the Estate of Labisilaus Mogoya G Odero and on her own behalf) v Opiyo & 3 others (Environment & Land Case E003 of 2023) [2023] KEELC 21071 (KLR) (26 October 2023) (Ruling)
Neutral citation: [2023] KEELC 21071 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case E003 of 2023
GMA Ongondo, J
October 26, 2023
Between
Milca Atieno Migoya (Suing As The Administrator Of The Estate Of Labisilaus Mogoya G Odero and on her own behalf)
Plaintiff
and
Daniel Ochieng Opiyo
1st Defendant
Jared Adhiambo Awiti
2nd Defendant
The Land Registrar, Homabay County
3rd Defendant
The Honourable Attorney General
4th Defendant
Ruling
1. The plaintiff, Mika Atieno Migoya through Ms. Kijana and Company Advocates sued the four (4) defendants by way of a plaint dated 15th September 2023 for, inter, alia, an order of eviction against the 1st and 2nd defendant, their agents and/or servants from LR Nos. Kanyada/Kanyango/Kalanya/8261 and 8262 and any portions thereof all measuring approximately 0. 7 Ha in area.
2. In a statement of defence dated 29th September 2023, the 2nd defendant through Nelson Otieno and Associates Advocates denied the plaintiff’s claim and prays that the suit be dismissed with costs.
3. By the character of the claim including the size of the property in dispute as well as bearing in mind sections 11 and 18(1) (a) of the Civil Procedure Act chapter 21 Laws of Kenya, this claim falls within the jurisdiction of the Chief Magistrate’s Court, HomaBay in the first instance, Apparently, it was filed in this court by mistake.
4. In the foregone, this suit be and is hereby transferred to HomaBay Chief Magistrate’s court for hearing and determination.
5. This file be placed before the Chief magistrate’s court at HomaBay for directions on 1st November 2023.
6. It is so ordered.
DATED, DELIVERED AND SIGNED AT HOMABAY THIS 26TH DAY OF OCTOBER 2023. G.M.A ONG’ONDOJUDGE