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ELCDismissedNotice of Motion dated 9th April 2018 (in respect of Kajiado CMCC No. 792 of 2015)· [2018] KEELC 2307 (KLR)

John Kamau Njenga v Jane Wanjiru Nyatea [2018] KEELC 2307 (KLR)

High Court of Kenya
16 July 2018
COChristine Ochieng
881 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The High Court ruled a Kajiado land dispute must stay with the Chief Magistrate's Court because that court had jurisdiction over land cases worth up to Kshs. 20 million.

What this practically means

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Executive summary

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By a Notice of Motion dated 9th April 2018 brought under section 18 of the Civil Procedure Act and Order 40 rules 1(a) and 4 of the Civil Procedure Rules, the Applicant, John Kamau Njenga, sought transfer of Environment and Land Case Number 792 of 2015 from the Magistrate's Court to the Environment and Land Court at Kajiado, priority determination of a related application, and costs. He contended that he had genuinely purchased the suit property, LOITOKTOK/EMPERON/1139 (approximately 2 acres), that the subordinate court had expressed inability to determine the matter for want of territorial jurisdiction, and that the Respondent was trespassing and cultivating the land. The Respondent, Jane Wanjiru Nyatea, the Applicant's stepmother, opposed the application, contending that the lower court had jurisdiction since the value of the suit land was less than Kshs. 20 million, denying service of the earlier application, and asserting the application was mischievous. The court framed a single issue: whether Kajiado CMCC No. 792 of 2015 should be transferred to the Environment and Land Court. Noting that the dispute centred on trespass to land valued at less than Kshs. 20 million, that the Chief Justice had conferred on Chief Magistrates' Courts capacity to hear land disputes up to that value, and that the Chief Magistrate at Kajiado is in charge of the whole county including Loitoktok, the court held that the Chief Magistrate has jurisdiction. The SRM at Loitoktok, limited to Kshs. 7 million, lacked capacity, but that did not justify transfer. The application was declined, the suit directed to be heard by the Kajiado Chief Magistrate, with costs in the cause.

Key legal issues

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Whether the suit should be transferred from the subordinate court to the Environment and Land Court

Holding

The court declined to transfer the suit; the Kajiado Chief Magistrate has jurisdiction to hear and determine it

Reasoning

The dispute concerns trespass to land of about 2 acres valued at less than Kshs. 20 million. The Chief Justice had conferred on Chief Magistrates' Courts capacity to hear land disputes up to Kshs. 20 million. Since the land is within Kajiado County and the Chief Magistrate is in charge of the whole county, she has territorial and pecuniary jurisdiction; only the SRM at Loitoktok (limited to Kshs. 7 million) lacked capacity.

p. 2

Legal principles established

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  • The Chief Magistrate in charge of a county has territorial jurisdiction over suits emanating from anywhere within that county, subject to the conferred pecuniary limit for land disputes (Kshs. 20 million)
  • A subordinate court whose pecuniary jurisdiction is below the value of the suit land is not legally capacitated to hear and determine that dispute

Court orders

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  1. 1.The application dated 9th April 2018 is declined
  2. 2.Kajiado CMCC No. 792 of 2015 is to be heard and determined by the Kajiado Chief Magistrate
  3. 3.Costs of the application to be in the cause

Authorities

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Legislation

  • Civil Procedure Act (Cap 21)section 18
  • Civil Procedure RulesOrder 40 rules 1(a) and 4
  • Land Registration Actsection 90
Jurisdiction invoked
Section 18 of the Civil Procedure Act (Cap 21) and Order 40 rules 1(a) and 4 of the Civil Procedure Rules

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "John Kamau Njenga v Jane Wanjiru Nyatea [2018] KEELC 2307 (KLR)", Case Analysis (2018). Notice of Motion dated 9th April 2018 (in respect of Kajiado CMCC No. 792 of 2015). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/2307/eng@2018-07-16

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.