[2021] KEHC 5067 (KLR)

[2021] KEHC 5067 (KLR)

The court issued directions that the pending issues in the application for leave to file suit out of time be tabled before the Isiolo Environment and Land Court, recognizing that the proper forum for determination is the court with territorial and subject matter jurisdiction. No substantive determination on the...

Source-derived case information.

Citation
[2021] KEHC 5067 (KLR)
Parties
Applicant: Timothy G. Woche L/R of Naomi Subo Stephen Gache; Respondent: Soka Gachie
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Originating Summons E015 of 2021
Procedural Posture
Miscellaneous Application / Directions/order for Transfer
Outcome
Matter transferred for directions; no final determination on merits.
Legal Topics
Limitation of Actions, Leave to File Out of Time, Transfer of Suit
Source Language
en
Civil Procedure Land and Property Limitation of Actions Leave to File Out of Time Transfer of Suit

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Parties

Timothy G. Woche L/R of Naomi Subo Stephen Gache

Applicant

Soka Gachie

Respondent

Procedural Posture

Miscellaneous Application / Directions/order for Transfer

Legal Issues

  1. 1 Whether the applicant should be granted leave to file suit out of time under the Limitation of Actions Act.
  2. 2 Whether the matter should be transferred to the Isiolo ELC court for determination.

Ratio Decidendi

The court issued directions that the pending issues in the application for leave to file suit out of time be tabled before the Isiolo Environment and Land Court, recognizing that the proper forum for determination is the court with territorial and subject matter jurisdiction. No substantive determination on the merits of the application was made at this stage; the order is procedural, ensuring the matter is heard in the correct forum.

Court Disposition

Matter transferred for directions; no final determination on merits.

Orders

  • Pending issues to be tabled before Isiolo ELC court on 5.10.2021.