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ELCAllowedCivil Case No. 72 of 2018 (Chuka CM's Court), transferred to Marimanti Law Courts· [2019] KEELC 1025 (KLR)

Fabian Mungori Amanja v Joseph Muruki Kaibiru & another [2019] KEELC 1025 (KLR)

Environment and Land Court (sitting at Chuka)
4 November 2019
PNP. M. Njoroge
967 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Land disputes in Kenya must be filed in the court where the land is located, or the case gets transferred.

What this practically means

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Executive summary

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This is a decision of the Environment and Land Court at Chuka (P. M. Njoroge, J) delivered on 4 November 2019, sitting on a file transferred for directions under section 18 of the Civil Procedure Act. The underlying matter was Fabian Mung'ori Amanja's suit against Joseph Maruki Kaibiru and Isaac Magambo Kathiga over a plot at Magumoni/Mugumoni market, together with the plaintiff's notice of motion dated 1 November 2018 seeking temporary injunctions restraining the defendants from interfering with his possession of the land. The defendants filed a replying affidavit claiming ownership of plots 61B and 61 at Mugumoni market, which they said were different from Magumoni plot no. 273, and a preliminary objection dated 27 March 2019 contending that the Chuka court lacked jurisdiction, that the suit disclosed no cause of action, and that it was an abuse of process. In a ruling delivered on 7 August 2019, J. M. Njoroge, CM, found that the suit land and the defendants were within the local limits of the Marimanti Senior Principal Magistrate's Court, that the Chuka court therefore lacked territorial jurisdiction under sections 12 and 15 of the Civil Procedure Act, and allowed the preliminary objection, directing that the file be placed before the Environment and Land Court for directions under section 18, with no order as to costs. The High Court/ELC, per P. M. Njoroge, J, withdrew the suit from Chuka CM's Court and transferred it to Marimanti Law Courts for hearing and determination, with no costs awarded on the ruling.

Key legal issues

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01

Territorial jurisdiction over suits concerning immovable property

Holding

The Chief Magistrate's Court at Chuka lacked jurisdiction because the suit land and the defendants are within the local limits of the Marimanti Senior Principal Magistrate's Court.

Reasoning

Section 12 of the Civil Procedure Act requires suits regarding immovable property to be instituted where the property is situated, and section 15 requires other suits to be filed where the defendants reside or the cause of action arises. The plaintiff did not dispute that the land is at Mugumoni market in Mukothima, outside Chuka's jurisdiction. Proceeding would also defeat the overriding objective and Article 159 of the Constitution. The proper forum is Marimanti.

p. 2
02

Transfer of a suit filed in a court lacking jurisdiction

Holding

The suit was withdrawn from Chuka CM's Court and transferred to Marimanti Law Courts under section 18 of the Civil Procedure Act.

Reasoning

Having found that the trial court lacked territorial jurisdiction, the Environment and Land Court exercised its supervisory transfer power under section 18 to move the file to the competent court rather than striking out the suit, preserving the just, expeditious and affordable resolution of the dispute contemplated by sections 1A and 1B of the Act.

p. 3

Legal principles established

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  • Suits relating to immovable property must be instituted in the court within whose local limits the property is situated
  • Jurisdiction is everything; without it, a court has no choice but to down its tools

Court orders

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  1. 1.The suit is withdrawn from Chuka CM's Court and transferred to Marimanti Law Courts for hearing and determination in accordance with Section 18 of the Civil Procedure Act
  2. 2.No costs are awarded concerning the order given in the ruling

Authorities

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Legislation

  • Civil Procedure Act (Cap 21)Section 12
  • Civil Procedure Act (Cap 21)Section 15
  • Civil Procedure Act (Cap 21)Sections 1A, 1B, 3, 3A
  • Civil Procedure Act (Cap 21)Section 18
  • Civil Procedure Rules, 2010Order 40 rules 1, 2, 4(1)
  • Constitution of KenyaArticle 159
Jurisdiction invoked
Section 18 of the Civil Procedure Act (Cap 21)

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, "Fabian Mungori Amanja v Joseph Muruki Kaibiru & another [2019] KEELC 1025 (KLR)", Case Analysis (2019). Civil Case No. 72 of 2018 (Chuka CM's Court), transferred to Marimanti Law Courts. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/1025/eng@2019-11-04

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