[2023] KEELC 20892 (KLR)
The court found that the applicants failed to provide any valuation report or other evidence to show that the subject property was beyond the jurisdiction of the Magistrate’s Court. Without such evidence, the application for transfer lacked merit. The court therefore dismissed the application, holding that the...
Source-derived case information.
- Citation
- [2023] KEELC 20892 (KLR)
- Parties
- Applicant: Naatana Ene Nchue; Applicant: Sulai Ene Nchue; Respondent: Ibrahim Lei Sondai
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Miscellaneous Case E015 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion to Transfer Case
- Outcome
- application dismissed
- Judges
- LC Komingoi
- Legal Topics
- Transfer of Suit, Jurisdiction of Courts, Valuation of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Naatana Ene Nchue
Applicant
Sulai Ene Nchue
Applicant
Ibrahim Lei Sondai
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion to Transfer Case
Legal Issues
- 1 Whether the Environment and Land Court should transfer ELC Case No. E127/2022 to the High Court at Kajiado for hearing and determination.
- 2 Whether the applicant provided sufficient evidence that the subject property is beyond the jurisdiction of the Magistrate’s Court.
Ratio Decidendi
The court found that the applicants failed to provide any valuation report or other evidence to show that the subject property was beyond the jurisdiction of the Magistrate’s Court. Without such evidence, the application for transfer lacked merit. The court therefore dismissed the application, holding that the applicants did not discharge their burden of proof to justify the transfer of the case to the High Court.
Court Disposition
application dismissed
Orders
- The application to transfer ELC Case No. E127/2022 to the High Court at Kajiado is dismissed.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
25 paragraphs
Nchue & another v Sondai (Environment & Land Miscellaneous Case E015 of 2023) [2023] KEELC 20892 (KLR) (19 October 2023) (Ruling)
Neutral citation: [2023] KEELC 20892 (KLR)
Republic of Kenya
In the Environment and Land Court at Kajiado
Environment & Land Miscellaneous Case E015 of 2023
LC Komingoi, J
October 19, 2023
Between
Naatana Ene Nchue
1st Applicant
Sulai Ene Nchue
2nd Applicant
and
Ibrahim Lei Sondai
Respondent
Ruling
1. This is the Notice of Motion dated 13th June 2023 brought under;(Under article 48,50,159,162,165 of the Constitution of Kenya, section 12 of the Environment and Land Court Act, section 1A, 3A of the Civil Procedure Act, and all other provisions of the Law)
2. It seeks Orders;1. That this Honourable Court be pleased to transfer the ELC Case No.E127/2022 to the High Court at Kajiado for hearing and determination of the matter.2. Cost of this Application be in the cause.
3. The grounds are on the face of the Application and are set out in paragraphs 1 to 4.
4. The Application is supported by the Affidavit of Naatana Ene Nchue the Applicant herein, sworn on the 13th June 2023.
5. The Application is opposed. There are grounds of opposition filed by the Respondent dated 2nd October 2023.
6. I have considered the Notice of Motion and the affidavit in support. I have also considered the grounds of opposition. The issue of determination is whether the application is merited.
7. I have gone through the affidavit by the applicant. There is no Valuation Report or any other evidence attached to show that the subject property is beyond the jurisdiction of the Magistrate’s Court.
8. I find no merit in this application and the same is dismissed with no orders as to costs.
DATED, SIGNED AND DELIVERED VIRTUALLY AT KAJIADO THIS 19TH DAY OF OCTOBER 2023. L. KOMINGOIJUDGE.IN THE PRESENCE OF:Mr. Koin for the Applicant.N/A for the Respondent.Court Assistant – Mutisya.