[2022] KEELC 14474 (KLR)
The court determined that, regardless of where the land register is domiciled, the proper court to adjudicate disputes relating to Land Parcel Number Loc1/Kiunyu/172 is the Muranga Environment and Land Court, as the property is located within Muranga County. The Thika Environment and Land Court therefore lacks...
Source-derived case information.
- Citation
- [2022] KEELC 14474 (KLR)
- Parties
- Plaintiff: Mukunya Mugo ‘A'; Plaintiff: Winnie Wambui; Defendant: Elizabeth Mugure Mukunya
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Thika
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 46 of 2020
- Procedural Posture
- Environment and Land Case / Ruling on Transfer of Suit
- Outcome
- Suit transferred to Muranga Environment and Land Court for hearing and determination.
- Judges
- BM Eboso
- Legal Topics
- Jurisdiction of Court, Transfer of Suit, Land Disputes, Territorial Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mukunya Mugo ‘A'
Plaintiff
Winnie Wambui
Plaintiff
Elizabeth Mugure Mukunya
Defendant
Procedural Posture
Environment and Land Case / Ruling on Transfer of Suit
Legal Issues
- 1 Whether the Environment and Land Court at Thika has jurisdiction to hear and determine the dispute relating to Land Parcel Number Loc1/Kiunyu/172 located in Muranga County.
- 2 Whether the suit should be transferred to the Muranga Environment and Land Court.
Ratio Decidendi
The court determined that, regardless of where the land register is domiciled, the proper court to adjudicate disputes relating to Land Parcel Number Loc1/Kiunyu/172 is the Muranga Environment and Land Court, as the property is located within Muranga County. The Thika Environment and Land Court therefore lacks jurisdiction, and the matter must be transferred to the appropriate court to ensure proper adjudication.
Court Disposition
Suit transferred to Muranga Environment and Land Court for hearing and determination.
Orders
- The case is transferred to Muranga Environment and Land Court forthwith.
- The case will be given a mention date before the Deputy Registrar at Muranga Environment and Land Court at the time of this ruling.
Full Case Text
Judgment text and source record
21 paragraphs
Mugo ‘A' & another v Mukunya (Environment & Land Case 46 of 2020) [2022] KEELC 14474 (KLR) (26 October 2022) (Ruling)
Neutral citation: [2022] KEELC 14474 (KLR)
Republic of Kenya
In the Environment and Land Court at Thika
Environment & Land Case 46 of 2020
BM Eboso, J
October 26, 2022
(FORMERLY MURANGA ELC CASE NO. 18 OF 2019)
Between
Mukunya Mugo ‘A'
1st Plaintiff
Winnie Wambui
2nd Plaintiff
and
Elizabeth Mugure Mukunya
Defendant
Ruling
1. Before me for determination is a notice of motion dated 10/3/2022. The dispute in the suit relates to Land Parcel Number Loc1/Kiunyu/172. While preparing to write the ruling relating to the above application, it has come to the notice of this court that the suit property is located in Muranga County, within the jurisdiction of the Muranga Environment and Land Court.
2. Regardless of where the land register relating to the suit property is domiciled, this is a dispute that should be adjudicated at Muranga Environment and Land Court. Consequently, I order that this case be transferred to Muranga Environment and Land Court forthwith. The case will be given a mention date before the Deputy Registrar at Muranga Environment and Land Court at the time of rendering this ruling. The deputy registrar will in turn list the matter before the ELC Judge at Muranga.
3. The application that was to be determined will be disposed by the Muranga Environment and Land Court which is the court seized of jurisdiction to adjudicate land disputes in Muranga County.
DATED, SIGNED AND DELIVERED VIRTUALLY AT THIKA ON THIS 26TH DAY OF OCTOBER 2022B M EBOSOJUDGEIn the Presence of:-Mr Mukunya for the PlaintiffsCourt Assistant: Ms Osodo