[2024] KEELC 786 (KLR)
The court found that the suit land, Kamwenda/Magunga/2700, is located within the territorial jurisdiction of Mbita Law Courts, as evidenced by the pleadings. The applicant, being a lay person, mistakenly filed the suit at Ndhiwa Law Courts. The respondent, though served, did not oppose the application. The court...
Source-derived case information.
- Citation
- [2024] KEELC 786 (KLR)
- Parties
- Applicant: George J. Otieno Oyier; Respondent: George Ochieng Oyier alias Gordon Ochieng Oyier
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application E006 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit
- Outcome
- Application allowed; suit to be transferred to Mbita Law Courts; no order as to costs.
- Judges
- GMA Ongondo
- Legal Topics
- Transfer of Suit, Territorial Jurisdiction, Magistrates Court Jurisdiction, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George J. Otieno Oyier
Applicant
George Ochieng Oyier alias Gordon Ochieng Oyier
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the suit should be transferred from Ndhiwa Law Courts to Mbita Law Courts due to territorial jurisdiction.
- 2 Whether the applicant's lack of knowledge regarding territorial jurisdiction justifies the transfer of the suit.
Ratio Decidendi
The court found that the suit land, Kamwenda/Magunga/2700, is located within the territorial jurisdiction of Mbita Law Courts, as evidenced by the pleadings. The applicant, being a lay person, mistakenly filed the suit at Ndhiwa Law Courts. The respondent, though served, did not oppose the application. The court considered the relevant statutory provisions and constitutional articles on jurisdiction and access to justice, and determined that the application was unopposed, meritorious, and justified. Consequently, the court exercised its discretion to allow the transfer of the suit to the appropriate court, ensuring that the matter is heard in the correct forum.
Court Disposition
Application allowed; suit to be transferred to Mbita Law Courts; no order as to costs.
Orders
- The suit filed by the applicant at Ndhiwa Law Courts being Ndhiwa SPMCC - ELC No.09 of 2022 is withdrawn from the said court and transferred to Mbita Law Court for trial and determination.
- No order as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
Oyier v Oyier (Environment and Land Miscellaneous Application E006 of 2023) [2024] KEELC 786 (KLR) (19 February 2024) (Ruling)
Neutral citation: [2024] KEELC 786 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment and Land Miscellaneous Application E006 of 2023
GMA Ongondo, J
February 19, 2024
Between
George J. Otieno Oyier
Applicant
and
George Ochieng Oyier alias Gordon Ochieng Oyier
Respondent
Ruling
1. In an application by way of a Notice of motion dated 30th May 2023, originated under, inter alia, sections 1A, 1B and 3Aof the Civil Procedure Act Chapter 21 Laws of Kenya, the applicant, Godfrey J. Otieno Oyier in person has sought the following orders;a.Spent.b.That the suit filed by the Applicant at Ndhiwa Law Courts being NdhiwaSPMCC -ELC No.09 OF 2022: Godrey J. Otieno Oyier versus Ochieng Oyier alias Gordon Ochieng Oyier be hereby withdrawn from the said court and transferred to Mbita Law Court for trial determination.c.That the costs of this application be provided for.
2. The application is founded upon the applicant’s supporting affidavit of seven paragraphs sworn on even date accompanied by a copy of a plaint and a copy of court order marked as “GJOO-1” and “GJOO-2” respectively. Also, the application is based on the grounds, inter alia;a.That unknown to the Applicant the subject matter of the suit being land parcel number Kamwenda/Magunga/2700 falls under the territorial jurisdiction of Mbita Law Courts.b.That the Applicant is a lay person who could not understand the territorial jurisdiction of Ndhiwa Law Courts and Mbita Law Courts.
3. The respondent was duly served as disclosed in an affidavit of service sworn on 3rd August 2023. Thus, he was made aware of the application but failed to respond to the same; see Ogada v Mollin [2009] eKLR.
4. Notably, the suit land is located within the jurisdiction of Mbita Law Courts as revealed in a copy of the pleading marked as “GJOO-1” annexed to the applicant’s supporting affidavit.
5. Moreover, I take into account Articles 3 (6) and 48 of the Constitution of Kenya, 2010, sections 7 and 9 of the Magistrates Court Act, 2015, sections 1A, 1B, 3, 3A, 5, 11 and 18 of the Civil Procedure Act Chapter 21 Laws of Kenya herein.
6. It is therefore, the considered view of this court that the application is unopposed, steadfast and meritorious.
7. Accordingly, the application is hereby allowed in terms of order 2 sought therein as captured in paragraph 1 (b) hereinabove with no order as to costs.
8. It is so ordered.
DATED AND DELIVERED AT HOMA BAY THIS 19TH DAY OF FEBRUARY 2024G. M. A ONG’ONDOJUDGEPresent1. Applicant in person2. Luanga, court assistant