[2020] KEELC 1428 (KLR)
The court held that the mere fact that the value of the property is above the pecuniary jurisdiction of the Principal Magistrate's Court does not automatically warrant transfer of the suit to the Environment and Land Court. The relevant consideration is the claim as stated in the plaint, which was not availed to the...
Source-derived case information.
- Citation
- [2020] KEELC 1428 (KLR)
- Parties
- Applicant: Zakayo Kamenchu; Respondent: Jennifer Kanario Ikiao; Respondent: Douglas Kinyua Ikamati
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application 16 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application for Stay and Transfer
- Outcome
- Application for urgency and stay of proceedings denied; substantive prayers to be heard inter partes.
- Legal Topics
- Pecuniary Jurisdiction, Transfer of Suit, Stay of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zakayo Kamenchu
Applicant
Jennifer Kanario Ikiao
Respondent
Douglas Kinyua Ikamati
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application for Stay and Transfer
Legal Issues
- 1 Whether the Principal Magistrate's Court has pecuniary jurisdiction to hear and determine the matter in Tigania PMCC No. 17 of 2020.
- 2 Whether the proceedings in Tigania PMCC No. 17 of 2020 offend Section 7(1)(c) of the Magistrates Court Act, 2015.
- 3 Whether the application for stay of proceedings and transfer of suit to the Environment and Land Court should be granted.
Ratio Decidendi
The court held that the mere fact that the value of the property is above the pecuniary jurisdiction of the Principal Magistrate's Court does not automatically warrant transfer of the suit to the Environment and Land Court. The relevant consideration is the claim as stated in the plaint, which was not availed to the court. The court further noted that the suit could be transferred to a Chief Magistrate’s Court or Senior Principal Magistrate’s Court, both of which have jurisdiction for claims up to Kshs. fifteen million. Accordingly, the court declined to certify the matter as urgent and denied the prayer for stay of proceedings, but directed that the substantive prayers for transfer and...
Court Disposition
Application for urgency and stay of proceedings denied; substantive prayers to be heard inter partes.
Orders
- The matter is not certified urgent but will be heard on priority basis.
- Prayer for stay of proceedings is denied.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
MERU ELC MISC APPLICATION CASE NO. 16 OF 2020
ZAKAYO KAMENCHU....................................................................APPLICANT
VERSUS
JENNIFER KANARIO IKIAO..............................................1ST RESPONDENT
DOUGLAS KINYUA IKAMATI...........................................2ND RESPONDENT
RULING
1. This application is dated 4th August, 2020 and seeks the following orders:
1. That this matter be certified urgent and heard on priority basis during vacation.
2. That pending hearing and determination of this application interparties, the honourable court be pleased to grant an order of stay of proceedings at the lower court in Tigania PMCC No. 17 of 2020.
3. That the court do order transfer of Tigania PMCC No. 17 of 2020 to the Environment and Land Court for hearing and determination.
4. That this honourable court do stay the Ruling delivered on 29th July, 2020 by the honourable Gathogo Sogomo P.M. in Tigania PMCC No. 17 of 2020 pending hearing and determination of this suit.
5. That costs of this application be in cause.
2. The application is supported by the affidavit of Zakayo Kamenchu, the applicant, and has the following grounds:
1. That the value of the suit property(s) plot numbers 92, 133 and 134 Kianjai arket is approximately Kshs.15,000,000/=, and the Principal Magistrate Court lacks jurisdiction to hear and determine the matter.
2. That the proceedings in Tigania PMCC No. 17 of 2020 offend the provisions of Section 7 (1) C of the Magistrates Court Act, 2015.
3. That this application has been made diligently and without unreasonable delay.
4. That unless the said ruling is stayed the applicant will suffer irreparably.
5. That accordingly, in the interests of justice and fairness, the said orders sought in this application ought to be granted as prayed.
3. I do note that a copy of the plaint that spawns this application has not been availed. Whereas it is true that the pecuniary jurisdiction of a Principal Magistrate’s Court is a maximum of Kshs.ten million shillings, the subject matter in a civil suit is the claim contained in the plaint and not the value of property in question. If a claimant is only claiming half-part of a property whose value is K.shs. fifteen million shillings, then the claim is for K.shs.7,500,000/=. Again, a court of law may find it necessary to transfer the suit in question to a Chief Magistrate’s Court or to a Senior Principal Magistrate’s Court both of which have pecuniary jurisdiction to hear and determine a suit whose claim is Kshs. Fifteen million. Therefore, not every case where a magistrate lacks pecuniary jurisdiction ought to be transferred to the Environment and Land Court.
4. The following directions are issued:-
a) This matter is NOT CERTIFIED urgent but will be heard on PRIORITY basis.
b) Prayer 2 is denied.
c) Prayers 3, 4 and 5 will be canvassed before the Honourable Lady Justice Mbugua, ELC Judge, at Meru on 23rd September, 2020.
Delivered in chambers at Chuka this 12th day of August, 2020
in the presence of:
CA: Ndegwa
P. M NJOROGE,
JUDGE.