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ELCPartially AllowedMiscellaneous Suit filed 16.4.2018 (Application dated 13.4.2018)· [2019] KEELC 3280 (KLR)

Abdi Nor Umar v Adan Mamo Elema & 22 others; County Government of Isiolo (Interested Party) [2019] KEELC 3280 (KLR)

Environment and Land Court
15 May 2019
LMLucy N. Mbugua
741 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court in Meru allowed a land dispute worth over Shs.33 million to move from the magistrates' court because that court lacked jurisdiction.

What this practically means

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Executive summary

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This miscellaneous suit was filed on 16.4.2018 by way of notice of motion by the plaintiffs in Isiolo CMCC No. 51 of 2013, seeking transfer of the lower court file to the Environment and Land Court on account of the magistrates court's want of pecuniary jurisdiction, the suit land being contended to be worth Kshs.52,800,000. The applicants filed their own valuation; the respondents failed to file theirs within the timelines, and their valuation report (land at Kshs.14,000,000 and developments at Kshs.19,700,000) was expunged on 23.7.2018. In an interim ruling delivered on 17.10.2018, the court directed a valuation by the government valuer, costs of which were to be met jointly by the parties, while leaving the respondents at liberty to file their own independent report. The government valuer's report of 15.11.2018 placed the value of the suit land at Shs.33,000,000. The respondents objected through counsel, Mr. Ashioya, requesting a second opinion from another government valuer, contending the figure did not reflect the true state of the matter. The applicants opposed this as a delaying tactic. The court held that the respondents had not demonstrated any error in the government valuer's report, that blanket disagreement with a figure is insufficient, and that all reports placed the land and developments at over Shs.20,000,000. Finding the request for a second valuation uncalled for and unmerited, and noting the matter had taken over a year, the court gave its final decision allowing the application dated 13.4.2018 with no orders as to costs, effectively permitting transfer of the suit out of the magistrates court for want of pecuniary jurisdiction.

Key legal issues

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Whether a second government valuation was necessary

Holding

The request was a delaying tactic and unmerited; the government valuer's report would be relied upon alongside the respondents' own expunged report figures.

Reasoning

The court noted it had already given the respondents a window to file their own independent report, which they never did. They did not demonstrate any error in the government valuer's figure of Shs.33,000,000. All reports before the court placed the value of the land and developments above Shs.20,000,000, exceeding the magistrates court's pecuniary jurisdiction, so the issue needed to be brought to an end.

p. 2

Legal principles established

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  • A party objecting to a valuation report must demonstrate in what manner the report is erroneous; blanket disagreement is insufficient.

Court orders

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  1. 1.The respondents' application for a second valuation report is declined as unmerited
  2. 2.The application dated 13.4.2018 is allowed with no orders as to costs
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court on transfer of a suit from the magistrates' court for want of pecuniary jurisdiction

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, "Abdi Nor Umar v Adan Mamo Elema & 22 others; County Government of Isiolo (Interested Party) [2019] KEELC 3280 (KLR)", Case Analysis (2019). Miscellaneous Suit filed 16.4.2018 (Application dated 13.4.2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/3280/eng@2019-05-15

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