[2015] KEELC 235 (KLR)
The court found that the Chief Magistrate's Court lacked jurisdiction to hear the suit because the value of the subject matter, as indicated by the counterclaim, exceeded the court's pecuniary jurisdiction. Consequently, the Environment and Land Court at Nakuru is the appropriate forum for hearing and determining...
Source-derived case information.
- Citation
- [2015] KEELC 235 (KLR)
- Parties
- Applicant: Monica Wanjiru Kinyua; Respondent: Ndeffo Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 134 of 2015
- Procedural Posture
- Miscellaneous Application / Application for Transfer of Suit From Magistrate's Court to Environment and Land Court
- Outcome
- Application allowed; suit transferred to the Environment and Land Court at Nakuru.
- Judges
- MA Silau
- Legal Topics
- Transfer of Suit, Jurisdiction of Courts, Magistrates Court Jurisdiction, Environment and Land Court Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Monica Wanjiru Kinyua
Applicant
Ndeffo Limited
Respondent
Procedural Posture
Miscellaneous Application / Application for Transfer of Suit From Magistrate's Court to Environment and Land Court
Legal Issues
- 1 Whether the Chief Magistrate's Court has jurisdiction to hear and determine the suit given the value of the subject matter.
- 2 Whether the suit should be transferred to the Environment and Land Court for hearing and disposal.
Ratio Decidendi
The court found that the Chief Magistrate's Court lacked jurisdiction to hear the suit because the value of the subject matter, as indicated by the counterclaim, exceeded the court's pecuniary jurisdiction. Consequently, the Environment and Land Court at Nakuru is the appropriate forum for hearing and determining the suit. The application for transfer was therefore allowed to ensure the matter is heard by a court with proper jurisdiction.
Court Disposition
Application allowed; suit transferred to the Environment and Land Court at Nakuru.
Orders
- Nakuru CMCC No. 890 of 2013 is transferred to the Environment and Land Court at Nakuru for hearing and disposal.
- Costs of the application will abide the suit.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT NAKURU
MISC. APPLICATION NO 134 OF 2015
MONICA WANJIRU KINYUA…….…………………APLICANT
VERSUS
NDEFFO LIMITED………………………………RESPONDENT
RULING
(Application to transfer suit from Magistrate's Court; application allowed).
1. This is a Miscellaneous Application filed pursuant to the provisions inter alia of Section 18 of the Civil Procedure Act, Cap 21, Laws of Kenya. The applicant wants to have the civil suit No. 890 of 2013, filed at the Chief Magistrate's Court in Nakuru, to be transferred to this court for hearing and disposal. The core reason for seeking the transfer is that the subject matter of the suit is land, and that the value of the counterclaim, is in the sum of Kshs. 11,600,000/= which exceeds the jurisdiction of the Chief Magistrate's Court.
2. The application is not opposed by the respondent.
3. I have looked at the pleadings in Nakuru CMCC No. 890 of 2013 attached to the supporting affidavit. I am satisfied that the Chief Magistrates Court has no jurisdiction in the matter. I therefore transfer the said suit to this court, the Environment and Land Court at Nakuru, for hearing and disposal. Costs of the application will abide the suit.
4. It is so ordered.
Dated, signed and delivered in open court at Nakuru this 22nd day of September 2015.
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
AT NAKURU
In presence of : -
Mr. Kagucia present for applicant
Mrs. Magana holding brief for Mr. Waiganjo for respondent
Janet: Court Assistant
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
AT NAKURU