[2023] KEELC 270 (KLR)
The court held that, following amendments to the Environment and Land Court Act and the Magistrate’s Court Act, subordinate courts are empowered to hear land disputes and issue orders including cancellation of title deeds, as long as the value of the subject matter falls within their pecuniary jurisdiction. The...
Source-derived case information.
- Citation
- [2023] KEELC 270 (KLR)
- Parties
- Applicant: David Mukangula Saizi; Respondent: Noah Namungu Bechenjo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application E008 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit
- Outcome
- application struck out
- Judges
- BN Olao
- Legal Topics
- Transfer of Suit, Jurisdiction of Subordinate Courts, Cancellation of Title Deeds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Mukangula Saizi
Applicant
Noah Namungu Bechenjo
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the subordinate court has jurisdiction to cancel a title deed.
- 2 Whether the application for transfer of Busia CMCC No 171 of 2019 to the Environment and Land Court is merited.
Ratio Decidendi
The court held that, following amendments to the Environment and Land Court Act and the Magistrate’s Court Act, subordinate courts are empowered to hear land disputes and issue orders including cancellation of title deeds, as long as the value of the subject matter falls within their pecuniary jurisdiction. The application for transfer was not based on lack of pecuniary jurisdiction, and there was no evidence to suggest that the Chief Magistrate’s Court lacked such jurisdiction. Therefore, the application for transfer was without merit and was struck out to expedite proceedings in the subordinate court.
Court Disposition
application struck out
Orders
- The Notice of Motion dated July 21, 2022 is struck out.
- No orders as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
Saizi v Bechenjo (Environment and Land Miscellaneous Application E008 of 2022) [2023] KEELC 270 (KLR) (17 January 2023) (Ruling)
Neutral citation: [2023] KEELC 270 (KLR)
Republic of Kenya
In the Environment and Land Court at Busia
Environment and Land Miscellaneous Application E008 of 2022
BN Olao, J
January 17, 2023
Between
David Mukangula Saizi
Plaintiff
and
Noah Namungu Bechenjo
Respondent
Ruling
1. I have perused the plaintiffs application dated July 21, 2022 which basically seeks the transfer of Busia CMCC No 171 of 2019 to this court on the ground that the subordinate court has no jurisdiction to cancel a title deed – see paragraph (c) of the grounds upon which the application is premised and paragraph 7 of the plaintiff’s supporting affidavit.
2. The true position is that following amendments to the Environment and Land Court Act as well as the Magistrate’s Court Act, Subordinate Courts can hear land disputes and make any appropriate orders including cancellation of title deeds so long as the subject matter is within their pecuniary jurisdiction.
3. Mr. Jumba has informed me from the Bar that the value of the land in dispute is within the pecuniary jurisdiction of the Chief Magistrate’s Court Busia. I have no reason to doubt that. In any event, the basis of the application for transfer of Busia CMCC No 171 of 2019 to this court was not because the subordinate court lacked pecuniary jurisdiction in the matter before it.
4. In the circumstances and in order to expedite proceedings in the subordinate court, this court makes the following Orders suo motto:1. The Notice of Motion dated July 21, 2022 is struck out.2. No orders as to costs.
BOAZ N. OLAOJUDGE17TH JANUARY 2023RULING DATED, SIGNED AND DELIVERED IN OPEN COURT AT BUSIA ON THIS 17TH DAY OF JANUARY 2023 BY WAY OF ELECTRONIC MAIL.BOAZ N. OLAOJUDGE17TH JANUARY 2023