[2024] KEELC 3927 (KLR)
The Environment and Land Court determined, upon perusal of the pleadings and applications, that the dispute falls within the jurisdiction of the magistrates’ court and not the superior court. The matter was still at an early stage, and in the interest of judicial economy and proper administration of justice, the...
Source-derived case information.
- Citation
- [2024] KEELC 3927 (KLR)
- Parties
- Plaintiff: Scholastica Mogere; Defendant: Pushati Ole Muli; Defendant: Meliyio Muli; Defendant: Parmois Muli
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E002 of 2023
- Procedural Posture
- Environment and Land Case / Ruling on Preliminary Applications; Transfer of Suit for Lack of Jurisdiction
- Outcome
- Transferred to magistrates’ court for hearing and determination due to lack of jurisdiction.
- Judges
- CG Mbogo
- Legal Topics
- Jurisdiction of Courts, Transfer of Suit, Environment and Land Court, Magistrates Court Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Scholastica Mogere
Plaintiff
Pushati Ole Muli
Defendant
Meliyio Muli
Defendant
Parmois Muli
Defendant
Procedural Posture
Environment and Land Case / Ruling on Preliminary Applications; Transfer of Suit for Lack of Jurisdiction
Legal Issues
- 1 Whether the Environment and Land Court has jurisdiction to hear the matter as filed.
- 2 Whether the suit should be transferred to the magistrates’ court for hearing and determination.
Ratio Decidendi
The Environment and Land Court determined, upon perusal of the pleadings and applications, that the dispute falls within the jurisdiction of the magistrates’ court and not the superior court. The matter was still at an early stage, and in the interest of judicial economy and proper administration of justice, the court declined to pronounce itself on the pending applications. Instead, it ordered the transfer of the entire file to the magistrates’ court, which is the court of competent jurisdiction to hear and determine the matter. The ruling underscores the principle that jurisdiction is fundamental and must be addressed before any substantive issues are considered.
Court Disposition
Transferred to magistrates’ court for hearing and determination due to lack of jurisdiction.
Orders
- The file is hereby transferred to the magistrates’ court for hearing and determination.
- The Environment and Land Court declines to pronounce itself on both applications.
Full Case Text
Judgment text and source record
22 paragraphs
Mogere v Muli & 2 others (Environment & Land Case E002 of 2023) [2024] KEELC 3927 (KLR) (30 April 2024) (Ruling)
Neutral citation: [2024] KEELC 3927 (KLR)
Republic of Kenya
In the Environment and Land Court at Narok
Environment & Land Case E002 of 2023
CG Mbogo, J
April 30, 2024
Between
Scholastica Mogere
Plaintiff
and
Pushati Ole Muli
1st Defendant
Meliyio Muli
2nd Defendant
Parmois Muli
3rd Defendant
Ruling
1. When I retired to write the ruling in respect of the Notice of Motion Application dated 1st September, 2023 filed by the plaintiff /applicant, and the Notice of Motion Application dated 26th October, 2023 filed by the defendants/respondents and having perused the pleadings in this file, I realized that this is a matter that falls within the jurisdiction of the magistrate’s court.
2. The matter is still at its infancy stage and in the circumstances and in order to save on judicial time, it is necessary that the matter is heard before the court seized of the proper jurisdiction. As such, this court declines to pronounce itself on both applications.
3. Arising from the above, this file is hereby transferred to the magistrates’ court for hearing and determination.Orders accordingly.
DATED, SIGNED & DELIVERED VIA EMAIL THIS 30TH DAY OF APRIL, 2024. HON. MBOGO C.G.JUDGE30/04/2024. In the presence of: -Mr. Meyoki Pere – C. A