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ELCPartially AllowedApplication dated 21 February 2020 (in relation to Voi CMCC (ELC) No. 11 of 2019 and Voi CMCC (ELC) No. 16 of 2018)· [2020] KEELC 1808 (KLR)

Kasigau Ranching (D.A) Company Limited v Lilian Mercy Mutua t/a Lilian M. Gems [2020] KEELC 1808 (KLR)

Environment and Land Court
17 June 2020
MSMUNYAO SILA
543 words in judgment
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The bottom line

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Two related Taita Taveta mining disputes were moved from the Magistrate's Court to the Environment and Land Court because the land's value exceeded that court's legal limits.

What this practically means

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Executive summary

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This was an application dated 21 February 2020 seeking the consolidation of two suits, Voi CMCC (ELC) No. 11 of 2019 and Voi CMCC (ELC) No. 16 of 2018, and their transfer to the Environment and Land Court for disposal. The applicant, Kasigau Ranching (D.A) Company Limited, averred that both suits concerned mining activities on land parcel LR No. 12180 in Taita Taveta County, and that the minerals in the disputed mining location were valued at KShs. 170,000,000/= per year, beyond the pecuniary jurisdiction of the Voi Magistrate's Court. The first suit had been filed by the applicant against Lilian Mercy Mutua t/s Lilian M. Gems, seeking her eviction from the land and a permanent injunction over alleged illegal mining; the second had been filed by Lilian Mercy Mutua against 27 defendants including the applicant's chairman, seeking a declaration of ownership of the mining location, eviction, an injunction and damages. None of the respondents opposed the application. The court, having reviewed the plaints, found the two suits related and appropriate for consolidation, and held that the undisputed valuation placed the disputes beyond the Magistrate's Court's pecuniary jurisdiction. The application was allowed and the suits transferred to the Environment and Land Court at Mombasa, with a reprimand to parties and counsel for filing suits in a court lacking jurisdiction. The court made no orders as to costs.

Key legal issues

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Whether the suits should be transferred from the Magistrate's Court to the Environment and Land Court

Holding

The application was allowed because the value of the disputed mining location exceeded the pecuniary jurisdiction of the Magistrate's Court and the two suits were related.

Reasoning

The court examined the plaints in both suits and found they concerned the same land parcel LR No. 12180 and the same mining location. The applicant's evidence that the minerals in the disputed location were valued at KShs. 170,000,000/= per year was not disputed, placing the matters beyond the Magistrate's Court's pecuniary jurisdiction. The suits being interrelated, consolidation and transfer to the ELC was appropriate.

p. 2

Legal principles established

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  • Where a suit's subject matter exceeds the pecuniary jurisdiction of a Magistrate's Court, the suit ought to be transferred to the Environment and Land Court.
  • Related suits concerning the same subject matter ought to be consolidated and heard together.

Court orders

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  1. 1.The two suits (Voi CMCC (ELC) No. 11 of 2019 and Voi CMCC (ELC) No. 16 of 2018) are transferred to the Environment and Land Court at Mombasa for disposal
  2. 2.No orders as to costs, with a reprimand to parties and counsel for filing suits outside the Magistrate's Court's jurisdiction
Jurisdiction invoked
Inherent transfer jurisdiction to move suits from the Magistrate's Court to the Environment and Land Court where the Magistrate's Court lacks 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, "Kasigau Ranching (D.A) Company Limited v Lilian Mercy Mutua t/a Lilian M. Gems [2020] KEELC 1808 (KLR)", Case Analysis (2020). Application dated 21 February 2020 (in relation to Voi CMCC (ELC) No. 11 of 2019 and Voi CMCC (ELC) No. 16 of 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/1808/eng@2020-06-17

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