[2024] KEELC 612 (KLR)
The court found that the application for transfer was unopposed and that the Environment and Land Court is the appropriate forum for the dispute, given the value of the subject property and the nature of the claim. The court exercised its discretion under Section 18 of the Civil Procedure Act to transfer the suit...
Source-derived case information.
- Citation
- [2024] KEELC 612 (KLR)
- Parties
- Applicant: Ibrahim Shalle (Suing on Behalf of the Estate of Shalle Hirbo alias Shalle Hirbo Lolo); Defendant: Marsabit Township Women Group; Defendant: Land Surveyor, Marsabit County; Defendant: Land Registrar, Isiolo; Defendant: Marsabit County
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Miscellaneous Case 6 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit
- Outcome
- application allowed
- Judges
- PM Njoroge
- Legal Topics
- Transfer of Suit, Jurisdiction of Environment and Land Court, Compensation for Land, Powers of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ibrahim Shalle (Suing on Behalf of the Estate of Shalle Hirbo alias Shalle Hirbo Lolo)
Applicant
Marsabit Township Women Group
Defendant
Land Surveyor, Marsabit County
Defendant
Land Registrar, Isiolo
Defendant
Marsabit County
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the Environment and Land Court has jurisdiction to transfer a suit from the Magistrate's Court to itself.
- 2 Whether the value of the subject property justifies transfer to the Environment and Land Court.
- 3 Whether the application for transfer was made without undue delay and if any prejudice would be suffered by the defendants.
Ratio Decidendi
The court found that the application for transfer was unopposed and that the Environment and Land Court is the appropriate forum for the dispute, given the value of the subject property and the nature of the claim. The court exercised its discretion under Section 18 of the Civil Procedure Act to transfer the suit from the Magistrate's Court to itself, holding that this would serve the interests of justice, ensure expeditious disposal, and avoid prejudice to the applicant. The absence of opposition from the defendants further supported the grant of the orders sought.
Court Disposition
application allowed
Orders
- The application for transfer is allowed; MCELC Case No. E010 of 2021 is transferred from the Magistrate’s Court at Marsabit to the Environment and Land Court at Isiolo for hearing and determination.
- Parties to appear for directions on 22/4/2024.
Full Case Text
Judgment text and source record
26 paragraphs
Shalle (Suing on Behalf of the Estate of Shalle Hirbo alias Shalle Hirbo Lolo) v Marsabit Township Women Group & 3 others (Environment & Land Miscellaneous Case 6 of 2023) [2024] KEELC 612 (KLR) (12 February 2024) (Ruling)
Neutral citation: [2024] KEELC 612 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment & Land Miscellaneous Case 6 of 2023
PM Njoroge, J
February 12, 2024
Between
Ibrahim Shalle (Suing on Behalf of the Estate of Shalle Hirbo alias Shalle Hirbo Lolo)
Petitioner
and
Marsabit Township Women Group
1st Defendant
Land Surveyor, Marsabity County
2nd Defendant
Land Registrar, Isiolo
3rd Defendant
Marsabit County
4th Defendant
Ruling
1. This application is dated 17th April, 2023 and seeks the following orders;1. That this application be certified urgent and be heard exparte in the first instance.2. That the Honourable court be pleased to order the transfer of MCELC Case No. E010 of 2021, Ibrahim Shalle v Marsabit Township Women Group and 3 others from the Magistrate’s Court at Marsabit to this Environment and Land Court in Meru for hearing and final determination.3. That the cost of this application be in the cause.
2. The application is supported by the affidavit of Ibrahim Shalle, the plaintiff and has the following grounds;1. The suit relate to among others compensation for loss of property whose value of Kshs. 45,000,000/= and therefore this Environment and Land Court is best suited to try and dispose it.2. Section 18 of the Civil Procedure Act gives the High Court (or courts of similar status, in this case the Environment and Land Court) powers to transfer a matter filed in a court subordinate to the High Court (or court of similar status, in this case the Environment and Land Court) or a subordinate court competent to try the issues in question.3. The transfer is consistent with justice as the principal objective of the Environment and Land Court is to facilitate the just, expeditious, proportionate and accessible resolution of disputes without undue regard to procedural technicalities relating to environment and land such as the dispute at hand.4. It is only fair and just that the orders sought herein be granted for the expeditious disposal of the matter.5. Unless the orders sought herein are granted the Plaintiff shall suffer substantial loss and prejudice.6. This application has been made without delay and no prejudice will be suffered by the Defendant if prayers herein are allowed.
3. Despite the defendants having had enough time to respond to the application, they have not done so even though the application has been pending in court for close to one year. I agree with Advocate Caleb Mwiti who held brief for the plaintiff’s advocate that the application is not opposed.
4. In the circumstances, I allow the application with the consequence that this suit will be heard and determined by this court. Parties will come to court for directions on 22/4/2024.
5. Costs shall be in the cause.
DELIVERED IN CHAMBERS AT ISIOLO THIS 12TH DAY OF FEBRUARY, 2024 IN THE PRESENCE OF;Court Assistant: RahmaHON. P.M NJOROGEJUDGE