[2024] KEELC 1725 (KLR)
The court found that the pecuniary value of the property at the centre of the dispute placed the matter within the jurisdiction of the magistrates’ court, not the Environment and Land Court. The judge determined that, based on the pleadings and documents presented, the Environment and Land Court lacked jurisdiction...
Source-derived case information.
- Citation
- [2024] KEELC 1725 (KLR)
- Parties
- Plaintiff: NEK; Plaintiff: NK; Plaintiff: NCK; Defendant: Leposo Ole Karia; Defendant: MOK; Defendant: Family Bank Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E002 of 2024
- Procedural Posture
- Environment and Land Case / Ruling on Preliminary Objection/jurisdiction
- Outcome
- Application not determined on merits; file transferred to magistrates’ court for hearing and determination.
- Judges
- CG Mbogo
- Legal Topics
- Jurisdiction of Court, Pecuniary Jurisdiction, Transfer of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
NEK
Plaintiff
NK
Plaintiff
NCK
Plaintiff
Leposo Ole Karia
Defendant
MOK
Defendant
Family Bank Limited
Defendant
Procedural Posture
Environment and Land Case / Ruling on Preliminary Objection/jurisdiction
Legal Issues
- 1 Whether the Environment and Land Court has jurisdiction to hear and determine the dispute given the pecuniary value of the subject property.
- 2 Whether the matter should be transferred to the magistrates’ court for hearing and determination.
Ratio Decidendi
The court found that the pecuniary value of the property at the centre of the dispute placed the matter within the jurisdiction of the magistrates’ court, not the Environment and Land Court. The judge determined that, based on the pleadings and documents presented, the Environment and Land Court lacked jurisdiction to hear and determine the application. Consequently, the court declined to pronounce itself on the merits of the application and ordered the transfer of the file to the magistrates’ court for hearing and determination.
Court Disposition
Application not determined on merits; file transferred to magistrates’ court for hearing and determination.
Orders
- The file is hereby transferred to the magistrates’ court for hearing and determination.
Full Case Text
Judgment text and source record
25 paragraphs
NEK & 2 others v Karia & 2 others (Environment & Land Case E002 of 2024) [2024] KEELC 1725 (KLR) (9 April 2024) (Ruling)
Neutral citation: [2024] KEELC 1725 (KLR)
Republic of Kenya
In the Environment and Land Court at Narok
Environment & Land Case E002 of 2024
CG Mbogo, J
April 9, 2024
Between
NEK
1st Plaintiff
NK
2nd Plaintiff
NCK
3rd Plaintiff
and
Leposo Ole Karia
1st Defendant
MOK
2nd Defendant
Family Bank Limited
3rd Defendant
Ruling
1. When I retired to write the ruling in respect of the Notice of Motion Application dated 31st January, 2024 and upon perusal of the pleadings herein, I find that this is a matter whose jurisdiction lies with the magistrates’ court. At the centre of the dispute is the suit property which is alleged to have been charged to the 3rd defendant/respondent. From the documents sought to be relied upon by the plaintiffs, it appears that the pecuniary jurisdiction, going by the amount of money which the property is alleged to have been charged to the 3rd defendant/ respondent, it is my humble view that the instant case is fit to be heard and determined by the magistrates’ court.
2. For this reason, this court declines to pronounce itself on the instant application. Instead, this file is hereby transferred to the magistrates’ court for hearing and determination.It is so ordered.
DATED, SIGNED & DELIVERED VIA EMAIL this 9TH day of APRIL, 2024. HON. MBOGO C.G.JUDGE9/04/2024. In the presence of;Mr. Meyoki Pere – C. A