[2021] KEELC 4733 (KLR)
The court found that the Oyugis Senior Principal Magistrate’s Court, being located at the doorstep of the suit land and the defendant, has the appropriate jurisdiction to hear and determine the matter in the first instance. The Environment and Land Court at Homa Bay therefore ordered the transfer of the entire suit...
Source-derived case information.
- Citation
- [2021] KEELC 4733 (KLR)
- Parties
- Plaintiff: Peter Joseph Othim Ngode; Plaintiff: Joyce Anyango Odero; Defendant: Jared Nyabonga Onsongo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E005 of 2021
- Procedural Posture
- Environment and Land Case / Ruling on Interlocutory Application for Transfer of Suit
- Outcome
- Suit transferred to Oyugis Senior Principal Magistrate’s Court for hearing and determination.
- Judges
- GMA Ongondo
- Legal Topics
- Jurisdiction of Courts, Transfer of Suit, Temporary Injunctions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Joseph Othim Ngode
Plaintiff
Joyce Anyango Odero
Plaintiff
Jared Nyabonga Onsongo
Defendant
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Application for Transfer of Suit
Legal Issues
- 1 Whether the Environment and Land Court at Homa Bay has jurisdiction to hear the suit in the first instance.
- 2 Whether the suit should be transferred to the Oyugis Senior Principal Magistrate’s Court for hearing and determination.
- 3 Whether a temporary injunction should be granted against the defendant regarding the suit land.
Ratio Decidendi
The court found that the Oyugis Senior Principal Magistrate’s Court, being located at the doorstep of the suit land and the defendant, has the appropriate jurisdiction to hear and determine the matter in the first instance. The Environment and Land Court at Homa Bay therefore ordered the transfer of the entire suit to the Oyugis Senior Principal Magistrate’s Court for hearing and determination, in accordance with the relevant constitutional and statutory provisions governing jurisdiction and transfer of suits.
Court Disposition
Suit transferred to Oyugis Senior Principal Magistrate’s Court for hearing and determination.
Orders
- The entire suit is transferred to Oyugis Senior Principal Magistrate’s Court for hearing and determination.
- The file to be placed before Oyugis Senior Principal Magistrate’s Court urgently for directions.
Full Case Text
Judgment text and source record
20 paragraphs
Ngode & another v Onsongo (Environment & Land Case E005 of 2021) [2021] KEELC 4733 (KLR) (25 October 2021) (Ruling)
Neutral citation: [2021] KEELC 4733 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case E005 of 2021
GMA Ongondo, J
October 25, 2021
Between
Peter Joseph Othim Ngode
1st Plaintiff
Joyce Anyango Odero
2nd Plaintiff
and
Jared Nyabonga Onsongo
Defendant
Ruling
1. An application by way of a Notice of Motion dated 18th October, 2021 and filed herein today under certificate of urgency has been brought to my attention. The 1st and 2nd plaintiff/applicants namely, Peter Joseph Othim Ngode and Joyce Anyango Odero respectively, through Messrs Leonard Johns and Company Advocates are seeking, inter alia, a temporary injunction against the defendant/respondent, Jared Nyabonga Onsongo in regard to the suit land, LR. No. West Kasipul/Kodera/Karabach/887 measuring approximately, two decimal zero hectares (2. 0 Ha) in area as per the record duly filed herein.
2. Plainly, the body of the plaint (Fast Track) of even date including the orders sought at its foot, discern that the suit land is located and the defendant/respondent(s) is based at the door step of Oyugis Senior Principal Magistrate’s Court. In the first instance, the said court has jurisdiction over this suit.
3. In the spirit of articles 6(3) and 48 of the Constitution of Kenya,2010, sections 3,13(1) and 26(3) and (4) of the Environment and Land Court, 2015(2011), sections 11,12,15 and 18(a) of the Civil Procedure Act Chapter 21 Laws of Kenya and sections 2 and 9(a) of the Magistrates Courts Act No. 26 of 2015, I hereby order and direct thus:a)This entire suit is transferred to Oyugis Senior Principal Magistrate’s Court for hearing and determination.b)This file be placed before Oyugis Senior Principal Magistrate’s Court urgently for directions.c)The Deputy Registrar of this court to notify the parties accordingly.d)It is so ordered.
G.M.A ONGO’NDOJUDGEENVIRONMENT & LAND COURTHOMABAY25/10/2021