[2017] KEHC 6432 (KLR)
The court found that the application to transfer Chuka Civil Case No. 109 of 2014 was unmeritorious because the Court of Appeal had stayed the Malindi Court's decision that had previously barred Magistrates' Courts from hearing Environment and Land matters. As a result, there was no legal basis for transferring the...
Source-derived case information.
- Citation
- [2017] KEHC 6432 (KLR)
- Parties
- Applicant: Obadiah Muruja Mugendi; Respondent: Charles Kabiti Japhet; Respondent: Meru South/Maara Lands Adjudication Officer; Respondent: The Honourable Attorney General
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 1 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit
- Outcome
- application dismissed
- Legal Topics
- Transfer of Suit, Jurisdiction of Courts, Land Disputes
- 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
Obadiah Muruja Mugendi
Applicant
Charles Kabiti Japhet
Respondent
Meru South/Maara Lands Adjudication Officer
Respondent
The Honourable Attorney General
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the High Court should transfer Chuka Civil Case No. 109 of 2014 to itself for trial and disposal.
- 2 Whether the matter should start de novo or proceed from where it had reached.
- 3 Whether the application for transfer is meritorious in light of the Court of Appeal's stay of the Malindi Court's decision.
Ratio Decidendi
The court found that the application to transfer Chuka Civil Case No. 109 of 2014 was unmeritorious because the Court of Appeal had stayed the Malindi Court's decision that had previously barred Magistrates' Courts from hearing Environment and Land matters. As a result, there was no legal basis for transferring the suit to the High Court, and the application was dismissed. The court further directed that, pending further communication, the registry should not entertain applications for transfer of suits between the lower courts and the High Court.
Court Disposition
application dismissed
Orders
- The application dated 9th February, 2017 is dismissed.
- The registry should not entertain applications for transfer of suits from the lower courts to this court and vice versa pending further communication.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT CHUKA
CHUKA MISCELLANEOUS APPLICATION CAUSE NO. 1 OF 2017
OBADIAH MURUJA MUGENDI………….............................…………………….APPLICANT
VERSUS
CHARLES KABITI JAPHET………………………….................…….....1ST RESPONDENT
MERU SOUTH/MAARA LANDS ADJUDICATION OFFICER………...2ND RESPONDENT
THE HONOURBLE ATTORNEY GENERAL…………..........................3RD RESPONDENT
RULING
1. This application is dated 9th February,2017 and seeks orders that:
1. That this Honourable court be pleased to transfer Chuka Civil Case No. 109 of 2014 and all proceedings thereof to this Honourable court for trial and disposal.
2. That this Honourable court be pleased to issue directions on whether the matter to start de novo or proceed from where the matter had reached.
3. That costs of this application be provided for.
2. The application is supported by the affidavit of Obadiah Muruja Mugendi sworn on 9th February, 2017 and has the following grounds:
1. That the mater in question herein is a land dispute within the definition set out in Article 162 of the constitution of Kenya 2010.
2. That as such, this suit should be transferred to this Honourable Court for hearing and disposal.
3. It is pellucid that the Malindi Court’s decision that had stayed hearing of Environment and Land matters by the Magistrates’ Courts was stayed by the Court of Appeal. I, therefore, find this application unmeritorious.
4. This application is dismissed.
5. As was directed by this court on 22nd February, 2017, pending further communication, the registry should not entertain applications for transfer of suits from the lower courts to this court and vice versa.
6. It is so ordered.
Delivered in open court at Chuka this 22nd day of March, 2017 in the presence of:
CA: Ndegwa
Miss Kaaria h/b Kijaru for the applicant
P. M. NJOROGE,
JUDGE.