[2025] KEELC 974 (KLR)
The court found that the law on jurisdiction over adverse possession claims was settled by the Court of Appeal in Pauline Chemuge Sugawara v Nairuko Ene Mutarakwa Kiruti & others, which held that Magistrates Courts lack jurisdiction to determine such claims. Although the suit in the Magistrates Court was filed...
Source-derived case information.
- Citation
- [2025] KEELC 974 (KLR)
- Parties
- Applicant: David Sankale; Respondent: Francis Lerionka Sakaja
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kilgoris
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Miscellaneous Case E011 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit
- Outcome
- application allowed
- Judges
- MN Mwanyale
- Legal Topics
- Adverse Possession, Jurisdiction of Magistrates Courts, Transfer of Suits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Sankale
Applicant
Francis Lerionka Sakaja
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the Magistrates Court has jurisdiction to hear and determine claims of adverse possession.
- 2 Whether the application for transfer of suit to the Environment and Land Court is merited.
Ratio Decidendi
The court found that the law on jurisdiction over adverse possession claims was settled by the Court of Appeal in Pauline Chemuge Sugawara v Nairuko Ene Mutarakwa Kiruti & others, which held that Magistrates Courts lack jurisdiction to determine such claims. Although the suit in the Magistrates Court was filed before this appellate decision, the subsequent clarification of the law rendered it necessary and meritorious to transfer the suit to the Environment and Land Court. The absence of opposition from the respondent further supported granting the application. Accordingly, the application for transfer was allowed.
Court Disposition
application allowed
Orders
- Kilgoris CMELC No. E030/2024 between David Sankale vs Francis Lerionka Sakaja is hereby transferred to Kilgoris ELC for hearing and determination.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
Sankale v Sakaja (Environment & Land Miscellaneous Case E011 of 2024) [2025] KEELC 974 (KLR) (4 March 2025) (Ruling)
Neutral citation: [2025] KEELC 974 (KLR)
Republic of Kenya
In the Environment and Land Court at Kilgoris
Environment & Land Miscellaneous Case E011 of 2024
MN Mwanyale, J
March 4, 2025
Between
David Sankale
Applicant
and
Francis Lerionka Sakaja
Respondent
Ruling
1. Upon consideration of the Notice of Motion Application dated 15th December 2024 seeking transfer of Kilgoris CMELC No. E030 of 2024 between David Sankale vs Francis Lerionka Sakaja for hearing and determination before this court on grounds that the CM’s curt has no jurisdiction to hear and determine Adverse possession claims as was recently held by the Court of Appeal in Nairobi Civil Appeal No. E141/2022 between Pauline Chemuge Sugawara vs Nairuko Ene Mutarakwa Kiruti and others.
2. Upon further consideration that the Respondent did not file any Replying affidavit nor Grounds of Opposition and neither did he file submissions to the application contrary to what Mr. Machage learned counsel for Respondent indicated on 18. 02. 2025, there being no such a Replying affidavit and/or Grounds of Opposition on the CTS as well as physical copies on the court file, the application dated 15th December 2024 is thus unopposed.
Issue for Determination 3. The court having analyzed the application and submissions by the Applicants counsels, frames the sole issue for determination is whether the Application is merited.
Analysis and Determination 4. The Applicant submits that the Court of Appeal has settled the issue that Magistrates court lack jurisdiction to entertain claims of adverse possession as held in the case of Pauline Sugawara cited above, the Applicant submits urges the court to allow the application.
5. Indeed, the Court of Appeal held in the Pauline Sugawara, that the Magistrates Court lacks jurisdiction to determine Adverse possession.
6. The suit pending before the CM’s court was filed on 23. 04. 2024 before the decision of the Court of Appeal, at which time there was an ELC decision by Ohungo J, in Patrick Ndegwa Munyua vs. Benjamin Kiiru Mwangi and another 2020 (eKLR) which had held that Magistrates with the requisite pecuniary decision had the necessary jurisdiction to hear and determine adverse possession matters.
7. The law having been settled after filing of this matter it follows thus there is merit to seek for the transfer of this suit for hearing and determination before this court; as the decision in the Pauline Sugawara case was delivered on 11th October 2024.
8. Accordingly, the Application dated 15th December 2024, is allowed in terms that Kilgoris CMELC No. E030/2024 between David Sankale vs Francis Lerionka Sakaja be and is hereby transferred to Kilgoris ELC for hearing and determination.
9. There shall be no orders as to costs.
DATED AND DELIVERED AT KILGORIS THIS 4TH DAY MARCH OF 2025HON. M.N. MWANYALEJUDGEIn the presence of:C/A Emmanuel/SylviaMr. Koome for the ApplicantMr. Machage for the Respondent