[2024] KEELC 1395 (KLR)
The court determined that the subject matter and the reliefs sought in the plaint, including specific performance and transfer of land title for a sum of Kshs 296,000/-, fall within the jurisdiction of the magistrates’ court. The Environment and Land Court, therefore, lacks jurisdiction to hear and determine the...
Source-derived case information.
- Citation
- [2024] KEELC 1395 (KLR)
- Parties
- Plaintiff: Justus Frank Mokaya Moses; Defendant: Vincent Seneti Ochieng; Interested Party: Alois Joseph Lengesiah
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 49 of 2019
- Procedural Posture
- Environment and Land Case / Ruling on Notice of Motion for Transfer of Suit
- Outcome
- File transferred to the magistrates’ court for hearing and determination; Environment and Land Court declined to determine the application.
- Judges
- CG Mbogo
- Legal Topics
- Specific Performance, Transfer of Land Title, Jurisdiction, Mesne Profits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Justus Frank Mokaya Moses
Plaintiff
Vincent Seneti Ochieng
Defendant
Alois Joseph Lengesiah
Interested Party
Procedural Posture
Environment and Land Case / Ruling on Notice of Motion for Transfer of Suit
Legal Issues
- 1 Whether the Environment and Land Court has jurisdiction to hear and determine the suit as pleaded.
- 2 Whether the matter should be transferred to the magistrates’ court for hearing and determination.
Ratio Decidendi
The court determined that the subject matter and the reliefs sought in the plaint, including specific performance and transfer of land title for a sum of Kshs 296,000/-, fall within the jurisdiction of the magistrates’ court. The Environment and Land Court, therefore, lacks jurisdiction to hear and determine the matter. To avoid wastage of judicial time and ensure the matter is heard by the appropriate forum, the court declined to pronounce itself on the pending application and ordered the transfer of the file to the magistrates’ court for hearing and determination on a priority basis.
Court Disposition
File transferred to the magistrates’ court for hearing and determination; Environment and Land Court declined to determine the application.
Orders
- The file is hereby transferred to the magistrates’ court for hearing and determination on a priority basis.
- The Environment and Land Court declines to pronounce itself on the instant application.
Full Case Text
Judgment text and source record
23 paragraphs
Moses v Ochieng; Lengesiah (Interested Party) (Environment & Land Case 49 of 2019) [2024] KEELC 1395 (KLR) (18 March 2024) (Ruling)
Neutral citation: [2024] KEELC 1395 (KLR)
Republic of Kenya
In the Environment and Land Court at Narok
Environment & Land Case 49 of 2019
CG Mbogo, J
March 18, 2024
Between
Justus Frank Mokaya Moses
Plaintiff
and
Vincent Seneti Ochieng
Defendant
and
Alois Joseph Lengesiah
Interested Party
Ruling
1. When I retired to write the ruling in respect of the Notice of Motion Application dated 5th December, 2023 and filed by the interested party/applicant, 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. In the plaint dated 24th September, 2019, the plaintiff/ respondent sought the following prayers: -a.An order of specific performance compelling the defendant to surrender the title deed of the property and also provide all the necessary completion documents for the purpose of transfer of title to the plaintiff.b.Damages and an order of mesne profits from 23rd July, 2014. c.Costs of this suit.d.Any other relied this court deems fit to grant.
3. The plaintiff/ respondent’s claim as against the defendant as contained in paragraph 11 of the plaint is for an order of specific performance compelling the defendant to transfer the said property into the plaintiff’s name in exchange with the balance of Kshs 296,000/-.
4. I am aware that the suit is part heard, and the plaintiff/respondent closed his case on 31st October, 2023. 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 the instant application.
5. Arising from the above, this file is hereby transferred to the magistrates’ court for hearing and determination on a priority basis.Orders accordingly.
DATED, SIGNED & DELIVERED VIA EMAIL THIS 18TH DAY OF MARCH, 2024. HON. MBOGO C.G.JUDGE18/03/2024. In the presence of: -Mr. Meyoki Pere – C. A