[2023] KEELC 22607 (KLR)
The court found that the only evidence of the value of the subject property was the amount for which it was charged (Kshs 4,000,000) and the price at which it was sold at auction (Kshs 4,900,000). The plaintiff did not provide a current valuation to support the claim that the property was worth Kshs 35 million....
Source-derived case information.
- Citation
- [2023] KEELC 22607 (KLR)
- Parties
- Plaintiff: Alice Ngini Sironik; Defendant: United Credit Limited; Defendant: Usha Chandravadan Dipchand Shah (Sued as the Administratix of the Estate of Chandra Dipchand Shah - Deceased); Defendant: Bid Investment Co. Limited; Defendant: Kunal Kamlesh Somchand; Defendant: Rahul Kilash Bid; Defendant: Edgar Kipngeno Kirui; Defendant: Farida Cheptoo Mitei; Defendant: George Njoroge Muiruri (t/a Leakeys Auctioneers); Defendant: Chairman-Land Control Board, Kajiado; Defendant: District Land Registrar, Ngong
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E40 of 2020
- Procedural Posture
- Preliminary Objection / Ruling on Jurisdictional Objection
- Outcome
- preliminary objection upheld; suit transferred for want of jurisdiction
- Judges
- LC Komingoi
- Legal Topics
- Jurisdiction of Courts, Valuation of Property, Transfer of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alice Ngini Sironik
Plaintiff
United Credit Limited
Defendant
Usha Chandravadan Dipchand Shah (Sued as the Administratix of the Estate of Chandra Dipchand Shah - Deceased)
Defendant
Bid Investment Co. Limited
Defendant
Kunal Kamlesh Somchand
Defendant
Rahul Kilash Bid
Defendant
Edgar Kipngeno Kirui
Defendant
Farida Cheptoo Mitei
Defendant
George Njoroge Muiruri (t/a Leakeys Auctioneers)
Defendant
Chairman-Land Control Board, Kajiado
Defendant
District Land Registrar, Ngong
Defendant
Procedural Posture
Preliminary Objection / Ruling on Jurisdictional Objection
Legal Issues
- 1 Whether the Environment and Land Court at Kajiado has jurisdiction to hear the suit given the value of the subject property.
- 2 Whether the suit should be transferred to the Chief Magistrate’s Court, Ngong.
Ratio Decidendi
The court found that the only evidence of the value of the subject property was the amount for which it was charged (Kshs 4,000,000) and the price at which it was sold at auction (Kshs 4,900,000). The plaintiff did not provide a current valuation to support the claim that the property was worth Kshs 35 million. Therefore, the court held that the value of the subject matter falls within the pecuniary jurisdiction of the Chief Magistrate’s Court, Ngong. As a result, the preliminary objection was upheld, and the suit was transferred to the Chief Magistrate’s Court for hearing and disposal.
Court Disposition
preliminary objection upheld; suit transferred for want of jurisdiction
Orders
- The suit is transferred to the Chief Magistrate’s Court, Ngong for hearing and disposal.
- No order as to costs.
Full Case Text
Judgment text and source record
39 paragraphs
Sironik v United Credit Limited & 9 others (Environment & Land Case E40 of 2020) [2023] KEELC 22607 (KLR) (21 September 2023) (Ruling)
Neutral citation: [2023] KEELC 22607 (KLR)
Republic of Kenya
In the Environment and Land Court at Kajiado
Environment & Land Case E40 of 2020
LC Komingoi, J
September 21, 2023
Between
Alice Ngini Sironik
Plaintiff
and
United Credit Limited
1st Defendant
Usha Chandravadan Dipchand Shah (Sued as the Administratix of the Estate of Chandra Dipchand Shah - Deceased)
2nd Defendant
Bid Investment Co. Limited
3rd Defendant
Kunal Kamlesh Somchand
4th Defendant
Rahul Kilash Bid
5th Defendant
Edgar Kipngeno Kirui
6th Defendant
Farida Cheptoo Mitei
7th Defendant
George Njoroge Muiruri (t/a Leakeys Auctioneers)
8th Defendant
Chairman-Land Control Board, Kajiado
9th Defendant
District Land Registrar, Ngong
10th Defendant
Ruling
1. This is the preliminary objection raised by the 6th and 7th defendants, on the grounds that the subject matter is valued at about Kshs 6. 5 million.That therefore this matter falls within the jurisdiction of the Chief Magistrate’s Court Ngong.
2. The preliminary objection is opposed by Mr. Owang, for the plaintiff on the ground that the subject property is located in a prime area and is valued at approximately Kshs 35 million currently.
3. I have considered the preliminary objection, the grounds and the rival submissions.
4. From the records adduced by the plaintiff the subject property was charged to United Credit Limited for the sum of Kshs 4,000,000/=Thereafter the plaintiff defaulted to settle the loan amount and the same was put up for Public Auction on the August 27, 2020 after an advertisement in the Daily Nation Newspaper dated March 4, 2019, the 6th and 7th defendants successfully bid for and purchased the subject property at Kshs 4,900,000/=.
5. The above facts have not been disputed. The plaintiff has not availed a current valuation to show that the subject property is worth Kshs 35 million.
6. I find merit in the preliminary objection and the same is upheld.I hereby transfer this suit to Chief Magistrate’s Court Ngong for hearing and disposal.I make no orders as to costs.
DATED, SIGNED AND DELIVERED VIRTUALLY AT KAJIADO THIS 21ST DAY OF SEPTEMBER 2023. L. KOMINGOIJUDGE.