[2022] KEELC 166 (KLR)
The court recognized the need to address both the preliminary objection on jurisdiction and the contempt application together to save judicial time. The preliminary objection raises the issue of whether the Isiolo Environment and Land Court has territorial jurisdiction over land located in Moyale, Marsabit County,...
Source-derived case information.
- Citation
- [2022] KEELC 166 (KLR)
- Parties
- Plaintiff: Hadijah Mohammed; Plaintiff: Halima Dafala Gole; Plaintiff: Abdi Dambala; Defendant: Adi John Chiwe; Defendant: Dambala Guyo Soke; Defendant: Fatuma Hussein Dambala; Defendant: Hage Hugo; Defendant: Mohammen Hussein Dambala
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 002 of 2021
- Procedural Posture
- Environment and Land Case / Ruling on Preliminary Objection and Contempt Application Directions
- Outcome
- Directions issued for contemporaneous hearing of preliminary objection and contempt application; no final orders on merits.
- Judges
- PM Njoroge
- Legal Topics
- Territorial Jurisdiction, Transfer of Suit, Contempt of Court, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hadijah Mohammed
Plaintiff
Halima Dafala Gole
Plaintiff
Abdi Dambala
Plaintiff
Adi John Chiwe
Defendant
Dambala Guyo Soke
Defendant
Fatuma Hussein Dambala
Defendant
Hage Hugo
Defendant
Mohammen Hussein Dambala
Defendant
Procedural Posture
Environment and Land Case / Ruling on Preliminary Objection and Contempt Application Directions
Legal Issues
- 1 Whether the Isiolo Environment and Land Court has territorial jurisdiction over land situated in Moyale, Marsabit County.
- 2 Whether the suit and application should be struck out for want of jurisdiction or transferred to the appropriate court.
- 3 Whether there has been contempt of court by the OCS, Moyale Police Station for ignoring court orders.
Ratio Decidendi
The court recognized the need to address both the preliminary objection on jurisdiction and the contempt application together to save judicial time. The preliminary objection raises the issue of whether the Isiolo Environment and Land Court has territorial jurisdiction over land located in Moyale, Marsabit County, and whether the suit should be struck out or transferred. The court did not make a final determination on the preliminary objection but directed that submissions be filed and set a date for further directions. Additionally, the court issued orders for the OCS, Moyale Police Station, to appear and show cause for non-compliance with previous court orders, indicating the...
Court Disposition
Directions issued for contemporaneous hearing of preliminary objection and contempt application; no final orders on merits.
Orders
- Notice to be issued to the OCS, Moyale Police Station, to appear in court and show cause for ignoring court orders.
- Plaintiff to file and serve written submissions on the contempt application within 14 days; defendants to respond within 14 days of service.
Full Case Text
Judgment text and source record
30 paragraphs
Mohammed & 2 others v Chiwe & 4 others (Environment & Land Case 002 of 2021) [2022] KEELC 166 (KLR) (13 June 2022) (Ruling)
Neutral citation: [2022] KEELC 166 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment & Land Case 002 of 2021
PM Njoroge, J
June 13, 2022
Between
Hadijah Mohammed
1st Plaintiff
Halima Dafala Gole
2nd Plaintiff
Abdi Dambala
3rd Plaintiff
and
Adi John Chiwe
1st Defendant
Dambala Guyo Soke
2nd Defendant
Fatuma Hussein Dambala
3rd Defendant
Hage Hugo
4th Defendant
Mohammen Hussein Dambala
5th Defendant
Ruling
1. The P.O in this matter is dated 13th December, 2021. It takes the following format:Notice of Preliminary ObjectionTake Notice that the 1st, 2nd, 3rd and 4th Defendants shall at the hearing of Applicant’s Notice of Motion dated 29th November, 2021 and this suit raise a preliminary objection on points of law that this Honourable Court has no territorial jurisdiction to entertain and/or grant the orders sought and that the same should be struck out with costs to the Respondent on the following grounds;1. That the application is nonstarter, vexatious and an abuse of court process and hence should be dismissed with costs in limine.2. That this Honourable court to determine whether it has territorial and/or geographical jurisdiction to hear and determine this Application and suit as the subject land is in Moyale town within Marsabit County in the Republic of Kenya.3. That in the alternative to (1) above this court do transfer the same from Isiolo Environment and Land Court to Moyale Law courts in Moyale for hearing and determination.4. That in the alternative to (1) and (3) above this court do transfer the same from Isiolo Environment and Land Court to Marsabit Law Courts in Moyale for hearing and determination.
2. Both parties have filed submissions. There is, however, a contempt of court application dated 10/6/2022. It seems to me that to save the court time, both applications should be handled contemporaneously.
3. The following orders are issued; -a)Notice to be issued to the OCS, Moyale Police Station for him to personally come to court on 18/7/2022 to show cause why he has ignored this courts order issued on 2/12/2021 and the Notice to be copied to the OCPD/Commander, Moyale Sub – County.b)The Plaintiff to file and serve written submissions concerning the contempt application dated 10/6/2022 within 14 days and the defendants to do so within 14 days after service of the Plaintiff’s written submissions.c)A ruling concerning the P.O dated 13/12/2021 will be delivered at a later date.d)Parties to come to court for directions on 18/7/2022.
WRITTEN AND DELIVERED IN OPEN AT ISIOLO THIS 13TH OF JUNE,2022. In the Presence of:Court assistant: BaloziWageni for the Plaintiff’sYusuf for the DefendantsHONOURABLE JUSTICE P. M NJOROGEJUDGE