[2023] KEELC 17817 (KLR)
The court determined that the suit land, Kabondo/Kodumo/East/357, is situated within the jurisdiction of the Oyugis Senior Principal Magistrate’s Court. Guided by constitutional and statutory provisions on jurisdiction and transfer of suits, the court found it appropriate to transfer the matter to the said court for...
Source-derived case information.
- Citation
- [2023] KEELC 17817 (KLR)
- Parties
- Plaintiff: Kennedy Ondenge (Suing as the Legal Representative of the Estate of Joseph Asewe Odede); Defendant: David Omino Omolo (As the Legal Representative of the Estate of Valentine Omollo Ongeso); Defendant: Land Registrar; Defendant: The Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 2 of 2023
- Procedural Posture
- Environment and Land Case / Ruling on Transfer of Suit
- Outcome
- Suit transferred to Oyugis Senior Principal Magistrate’s Court for hearing and determination.
- Judges
- GMA Ongondo
- Legal Topics
- Transfer of Suit, Jurisdiction, Forum Conveniens
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Ondenge (Suing as the Legal Representative of the Estate of Joseph Asewe Odede)
Plaintiff
David Omino Omolo (As the Legal Representative of the Estate of Valentine Omollo Ongeso)
Defendant
Land Registrar
Defendant
The Attorney General
Defendant
Procedural Posture
Environment and Land Case / Ruling on Transfer of Suit
Legal Issues
- 1 Whether the Environment and Land Court at Homa Bay has jurisdiction to hear the suit concerning land parcel Kabondo/Kodumo/East/357.
- 2 Whether the suit should be transferred to the Oyugis Senior Principal Magistrate’s Court for hearing and determination.
Ratio Decidendi
The court determined that the suit land, Kabondo/Kodumo/East/357, is situated within the jurisdiction of the Oyugis Senior Principal Magistrate’s Court. Guided by constitutional and statutory provisions on jurisdiction and transfer of suits, the court found it appropriate to transfer the matter to the said court for hearing and determination. The transfer ensures that the matter is heard in the forum conveniens, promoting access to justice and efficient administration of the case.
Court Disposition
Suit transferred to Oyugis Senior Principal Magistrate’s Court for hearing and determination.
Orders
- This suit is hereby transferred to Oyugis Senior Principal Magistrate’s Court for hearing and determination.
- Mention before Oyugis Senior Principal Magistrate’s Court for directions on June 12, 2023.
Full Case Text
Judgment text and source record
22 paragraphs
Ondenge (Suing as the Legal Representative of the Estate of Joseph Asewe Odede) v Omolo (As the Legal Representative of the Estate of Valentine Omollo Ongeso) & 2 others (Environment & Land Case 2 of 2023) [2023] KEELC 17817 (KLR) (8 June 2023) (Ruling)
Neutral citation: [2023] KEELC 17817 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case 2 of 2023
GMA Ongondo, J
June 8, 2023
Between
Kennedy Ondenge (Suing as the Legal Representative of the Estate of Joseph Asewe Odede)
Plaintiff
and
David Omino Omolo (As the Legal Representative of the Estate of Valentine Omollo Ongeso)
1st Defendant
Land Registrar
2nd Defendant
The Attorney Genral
3rd Defendant
Ruling
1. I have perused this file. It has been transferred from Kisumu Environment and Land Court to this court.
2. Clearly, the suit land, Kabondo/Kodumo/East/357 measuring approximately 0. 9 Ha in area and the same is located within the jurisdiction of Oyugis Senior Principal Magistrate’s court in the first instance.
3. So, being guided by Articles 6(3) and 48 of theConstitutionof Kenya, 2010and sections 11 and 18 of the Civil Procedure Act (Cap 21 Laws of Kenya) as well as section 26 of the Environment and Land Court Act, 2015 (2011), I order and direct thus:a.This suit is hereby transferred to Oyugis Senior Principal Magistrate’s Court for hearing and determination.b.Mention before Oyugis Senior Principal Magistrate’s Court for directions on June 12, 2023. c.It is so ordered.
DELIVERED, DATED AND SIGNED AT HOMABAY THIS 8TH DAY OF JUNE 2023. G.M.A ONG’ONDOJUDGEPresentCourt Assistant.