[2023] KEELC 15801 (KLR)
The court determined that, based on the pleadings and the nature of the dispute, the Chief Magistrate’s Court at Homa Bay is competent to hear and determine the matter. The Environment and Land Court, applying sections 11 and 18(a) of the Civil Procedure Act, found it appropriate to transfer the suit to the lower...
Source-derived case information.
- Citation
- [2023] KEELC 15801 (KLR)
- Parties
- Plaintiff: Moses Jack Opiyo; Defendant: Felida Aoko Odeny; Defendant: Fredrick Omondi Odeny; Defendant: Edwina Atieno Odeny; Defendant: Beatrice Adhiambo Ochola
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 8 of 2022
- Procedural Posture
- Environment and Land Case / Ruling on Transfer of Suit
- Outcome
- Suit transferred to the Chief Magistrate’s Court at Homa Bay for hearing and determination.
- Judges
- GMA Ongondo
- Legal Topics
- Transfer of Suit, Jurisdiction, Land Subdivision Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Jack Opiyo
Plaintiff
Felida Aoko Odeny
Defendant
Fredrick Omondi Odeny
Defendant
Edwina Atieno Odeny
Defendant
Beatrice Adhiambo Ochola
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 as filed.
- 2 Whether the suit should be transferred to the Chief Magistrate’s Court at Homa Bay for hearing and determination.
Ratio Decidendi
The court determined that, based on the pleadings and the nature of the dispute, the Chief Magistrate’s Court at Homa Bay is competent to hear and determine the matter. The Environment and Land Court, applying sections 11 and 18(a) of the Civil Procedure Act, found it appropriate to transfer the suit to the lower court, as it is the court of the lowest grade competent to try the case. The transfer ensures proper jurisdictional alignment and efficient administration of justice.
Court Disposition
Suit transferred to the Chief Magistrate’s Court at Homa Bay for hearing and determination.
Orders
- This suit is hereby transferred to the Chief Magistrate’s Court at Homa-Bay for hearing and determination.
- Mention before the Chief Magistrate’s Court at HomaBay for directions on March 27, 2023.
Full Case Text
Judgment text and source record
24 paragraphs
Opiyo v Odeny & 3 others (Environment & Land Case 8 of 2022) [2023] KEELC 15801 (KLR) (27 February 2023) (Ruling)
Neutral citation: [2023] KEELC 15801 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case 8 of 2022
GMA Ongondo, J
February 27, 2023
Between
Moses Jack Opiyo
Plaintiff
and
Felida Aoko Odeny
1st Defendant
Fredrick Omondi Odeny
2nd Defendant
Edwina Atieno Odeny
3rd Defendant
Beatrice Adhiambo Ochola
4th Defendant
Ruling
1. This court has heard H Mimba learned counsel for the defendants and counsel Adingo, learned counsel for the plaintiff herein.
2. The plaintiff originated this suit by a plaint dated November 10, 2022 and filed in court on November 16, 2022. He is seeking that the subdivisions of the suit land Reference number HomaBay Kothidha/2173, be cancelled, among other orders.
3. Having noted the character of the matter as discerned in the pleadings and in light of sections 11 and 18(a) of the Civil Procedure Act Cap 21 Laws of Kenya, I order and direct thus:a.This suit is hereby transferred to the Chief Magistrate’s Court at Homa-Bay for hearing and determination.b.Mention before the Chief Magistrate’s Court at HomaBay for directions on March 27, 2023. c.It is so ordered.
DELIVERED AND DATED THIS 27TH DAY OF FEBRUARY 2023G.M.A ONG’ONDOJUDGEPresentMimba holding brief for Mugeria, Lempaa and Kariweri and Company Advocates for the defendantsMs. C. Adingo holding brief for Amuga for plaintiff.Court Assistant, Mutiva