[2025] KEELC 1242 (KLR)
The court found that the applicant had demonstrated, through an unchallenged valuation report, that the value of the subject land is Kshs.40 million, which exceeds the pecuniary jurisdiction of the Subordinate Court. The original transfer was based on the existence of a related matter in the Subordinate Court, but...
Source-derived case information.
- Citation
- [2025] KEELC 1242 (KLR)
- Parties
- Applicant: Antonina Zebby Obayo; Respondent: Sarah Mmboga Efwanila; Respondent: The Land Registrar, Busia County; Respondent: The Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application E008 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Motion for Review and Re Transfer of Suit
- Outcome
- Application allowed. Suit re-transferred to the Environment and Land Court.
- Judges
- BN Olao
- Legal Topics
- Jurisdiction of Courts, Transfer of Suits, Pecuniary Jurisdiction, Valuation of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Antonina Zebby Obayo
Applicant
Sarah Mmboga Efwanila
Respondent
The Land Registrar, Busia County
Respondent
The Attorney General
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Motion for Review and Re Transfer of Suit
Legal Issues
- 1 Whether the Environment and Land Court should review its earlier order transferring the suit to the Subordinate Court.
- 2 Whether the pecuniary value of the subject land justifies the matter being heard by the Environment and Land Court.
Ratio Decidendi
The court found that the applicant had demonstrated, through an unchallenged valuation report, that the value of the subject land is Kshs.40 million, which exceeds the pecuniary jurisdiction of the Subordinate Court. The original transfer was based on the existence of a related matter in the Subordinate Court, but in light of the new valuation and the absence of opposition, the Environment and Land Court has jurisdiction. The court therefore reviewed its earlier order and directed the re-transfer of the suit for hearing and determination before itself, with the matter to proceed under a new case file number.
Court Disposition
Application allowed. Suit re-transferred to the Environment and Land Court.
Orders
- Busia CMCC No 002 of 2023 shall be re-transferred to the Environment and Land Court for hearing and determination.
- The matter shall not be re-opened as E022 of 2021 but as a new file, E001 of 2025.
Full Case Text
Judgment text and source record
26 paragraphs
Obayo v Efwanila & 2 others (Environment and Land Miscellaneous Application E008 of 2024) [2025] KEELC 1242 (KLR) (12 March 2025) (Ruling)
Neutral citation: [2025] KEELC 1242 (KLR)
Republic of Kenya
In the Environment and Land Court at Busia
Environment and Land Miscellaneous Application E008 of 2024
BN Olao, J
March 12, 2025
Between
Antonina Zebby Obayo
Applicant
and
Sarah Mmboga Efwanila
1st Respondent
The Land Registrar, Busia County
2nd Respondent
The Attorney General
3rd Respondent
Ruling
1. On 24th January 2023 this Court on it’s own motion, transferred Busia ELC Case File No 22 of 2021 to the Subordinate Court for hearing after taking the view that the subject matter was within the pecuniary jurisdiction of that Court which view was supported by MR Ashioya counsel for the 1st Defendant. The other parties were not present then and this case ended up being registered in the Subordinate Court as Busia Chief Magistrates Court ELC Case No 002 of 2023.
2. The Plaintiff has now approached this Court vide his Notice of Motion dated 16th September 2024 in which he seeks the substantive order that this Court reviews the order of transfer and re-call ELC File No 22 of 2021 from the Subordinate Court for hearing and determination to this Court.
3. The gist of the application is that the subject matter of the dispute which is land parcel No South Teso/Angoromo/3223 has been assessed and the value is Kshs.40 million. Annexed to the Motion is a valuation report by the firm of Rightend Appraisal dated 19th September 2023 confirming that valuation.
4. When the matter came up today, Ms Nyagah counsel for the Plaintiff informed the Court that although the Motion had been served on counsel for the Defendants, no response has been filed thereto. The Motion is therefore not opposed.
5. I have considered the Motion unopposed as it is together with the valuation report which states that the value of the subject matter of this suit is Kshs.40 million.
6. The reasons why this Court transferred this case to the Subordinate Court was because I had noticed from the pleadings that there was also Busia CMCC No 211 of 2021 involving the same subject matter in the Subordinate Court. It is always preferrable that no two Courts should determine two disputes over the same subject matter at the same time. My decision therefore was informed by the fact that since there was already another case No Busia CMCC 211 of 2021 on-going in the Subordinate Court, that clearly means that the Subordinate Court has the requisite jurisdiction over this dispute.
7. Having said so, however, and in view of the fact that the Motion has not been challenged, I allow it and direct as follows:1. Busia CMCC No 002 of 2023 shall be re-transferred to this Court for hearing and determination.2. It shall not, as suggested by counsel for the Plaintiff be re-opened as E022 of 2021 which file should have been closed on 24th January 2023. Rather, it will be re-opened as a new file.3. The new case file will be E001 of 2025. 4.Mention shall be on 25th March 2025 for directions.5. The Plaintiff shall serve the Defendants accordingly and note the new case file No E001 of 2025.
BOAZ N. OLAOJUDGE12TH MARCH 2025RULING DATED, SIGNED AND DELIVERED BY WAY OF ELECTRONIC MAIL ON THIS 12TH DAY OF MARCH 2025. BOAZ N. OLAOJUDGE12TH MARCH 2025