[2024] KEELC 1760 (KLR)
The court found, upon perusal of the pleadings, that the matter falls within the jurisdiction of the magistrates’ court and not the Environment and Land Court. Since the case was still at an early stage, the Environment and Land Court declined to pronounce itself on the application and ordered the transfer of the...
Source-derived case information.
- Citation
- [2024] KEELC 1760 (KLR)
- Parties
- Plaintiff: Robert Ole Siparo; Defendant: Eric Gitonga Bengi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E013 of 2023
- Procedural Posture
- Environment and Land Case / Ruling on Preliminary Jurisdictional Issue
- Outcome
- The Environment and Land Court declined jurisdiction and ordered the transfer of the file to the magistrates’ court.
- Judges
- CG Mbogo
- Legal Topics
- Jurisdiction of Courts, Transfer of Suit, Environment and Land Court Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Ole Siparo
Plaintiff
Eric Gitonga Bengi
Defendant
Procedural Posture
Environment and Land Case / Ruling on Preliminary Jurisdictional Issue
Legal Issues
- 1 Whether the Environment and Land Court has jurisdiction to hear and determine the present matter at its current stage.
- 2 Whether the matter should be transferred to the magistrates’ court for hearing and determination.
Ratio Decidendi
The court found, upon perusal of the pleadings, that the matter falls within the jurisdiction of the magistrates’ court and not the Environment and Land Court. Since the case was still at an early stage, the Environment and Land Court declined to pronounce itself on the application and ordered the transfer of the file to the magistrates’ court for hearing and determination. The decision was made to ensure that the matter is heard by the court with proper jurisdiction, thereby saving judicial time and resources.
Court Disposition
The Environment and Land Court declined jurisdiction and ordered the transfer of the file to the magistrates’ court.
Orders
- The file is transferred to the magistrates’ court for hearing and determination on a priority basis.
Full Case Text
Judgment text and source record
18 paragraphs
Siparo v Bengi (Environment & Land Case E013 of 2023) [2024] KEELC 1760 (KLR) (11 April 2024) (Ruling)
Neutral citation: [2024] KEELC 1760 (KLR)
Republic of Kenya
In the Environment and Land Court at Narok
Environment & Land Case E013 of 2023
CG Mbogo, J
April 11, 2024
Between
Robert Ole Siparo
Plaintiff
and
Eric Gitonga Bengi
Defendant
Ruling
1. When I retired to write the ruling in respect of the Notice of Motion dated 22nd November, 2023 filed by the plaintiff /applicant, and having perused the pleadings in this file, I realized that this is a matter that falls within the jurisdiction of the magistrate’s court.
2. The matter is still at its infancy stage and in the circumstances and in order to save on judicial time, it is necessary that the matter is heard before the court seized of the proper jurisdiction. As such, this court declines to pronounce itself on the instant application.
3. Arising from the above, this file is hereby transferred to the magistrates’ court for hearing and determination on a priority basis.Orders accordingly.
DATED, SIGNED & DELIVERED VIA EMAIL THIS 11TH DAY OF APRIL, 2024. HON. MBOGO C.G.JUDGE11/04/2024. In the presence of;Mr. Meyoki Pere – C. A