[2025] KEELC 1116 (KLR)
The court determined that the suit was intended to be filed in the Chief Magistrate Court, as indicated by the plaint and the absence of evidence to the contrary regarding the value of the land. Since the plaintiffs' counsel failed to attend and substantiate the value of the subject matter, and there was no...
Source-derived case information.
- Citation
- [2025] KEELC 1116 (KLR)
- Parties
- Plaintiff: Jenniffer Karegi M’Ikunyua; Plaintiff: Josephine Karwirwa; Plaintiff: Grace Kananu Ikunyua; Plaintiff: Mirriam Kagwiria; Defendant: Joseph Kimathi Tharamba; Defendant: Morris Kiogora M’Ikiome; Defendant: Stephen Bundi; Defendant: Elizabeth Kigetu
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E003 of 2025
- Procedural Posture
- Environment and Land Case / Ruling on Transfer of Suit
- Outcome
- suit transferred to the Chief Magistrate Court at Meru
- Judges
- BM Eboso
- Legal Topics
- Jurisdiction, Transfer of Suit, Valuation of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jenniffer Karegi M’Ikunyua
Plaintiff
Josephine Karwirwa
Plaintiff
Grace Kananu Ikunyua
Plaintiff
Mirriam Kagwiria
Plaintiff
Joseph Kimathi Tharamba
Defendant
Morris Kiogora M’Ikiome
Defendant
Stephen Bundi
Defendant
Elizabeth Kigetu
Defendant
Procedural Posture
Environment and Land Case / Ruling on Transfer of Suit
Legal Issues
- 1 Whether the Environment and Land Court has jurisdiction to hear the suit as filed.
- 2 Whether the suit should be transferred to the Chief Magistrate Court at Meru due to the value of the subject land.
Ratio Decidendi
The court determined that the suit was intended to be filed in the Chief Magistrate Court, as indicated by the plaint and the absence of evidence to the contrary regarding the value of the land. Since the plaintiffs' counsel failed to attend and substantiate the value of the subject matter, and there was no confirmation of service on the defendants, the Environment and Land Court found it appropriate to transfer the suit to the Chief Magistrate Court at Meru, which is the proper forum for the claim as pleaded.
Court Disposition
suit transferred to the Chief Magistrate Court at Meru
Orders
- The suit is hereby transferred to the Chief Magistrate Court at Meru.
Full Case Text
Judgment text and source record
31 paragraphs
M’Ikunyua & 3 others v Tharamba & 3 others (Environment & Land Case E003 of 2025) [2025] KEELC 1116 (KLR) (5 March 2025) (Ruling)
Neutral citation: [2025] KEELC 1116 (KLR)
Republic of Kenya
In the Environment and Land Court at Meru
Environment & Land Case E003 of 2025
BM Eboso, J
March 5, 2025
Between
Jenniffer Karegi M’Ikunyua
1st Plaintiff
Josephine Karwirwa
2nd Plaintiff
Grace Kananu Ikunyua
3rd Plaintiff
Mirriam Kagwiria
4th Plaintiff
and
Joseph Kimathi Tharamba
1st Defendant
Morris Kiogora M’Ikiome
2nd Defendant
Stephen Bundi
3rd Defendant
Elizabeth Kigetu
4th Defendant
Ruling
1. This suit was instituted in this court vide a plaint dated 4/2/2025. The plaint is expressed as instituted in the Chief Magistrate Court at Meru.
2. On 7/2/2025, this court directed the parties to attend before it and address it on the value of the suit land. Ms Mwiti attended on behalf of Mr Mwenda, counsel for the plaintiffs, and requested for today’s mention to enable Mr Mwenda attend personally to address the court on the issue. The court acceded to the request. There was no attendance on part of the defendants. There was no confirmation of service on the defendants.
3. Today, counsel for the plaintiffs has not attended Court. In the circumstances, the court takes the view that, this is a claim which was intended to be filed in the Chief Magistrate Court. Consequently, this suit is hereby transferred to the Chief Magistrate Court at Meru.
4. Orders accordingly.
DATED SIGNED AND DELIVERED AT MERU THIS 5TH DAY OF MARCH 2025B M EBOSO [MR]JUDGE