George Ndegwa Mwangi & 3 others v Ruth Wakapa & 6 others [2020] KEELC 2696 (KLR)
The bottom line
#The Environment and Land Court struck out a transfer application because the applicants failed to attach the pleadings and court order needed to support it.
What this practically means
#Executive summary
#Key legal issues
#Whether the court could determine the transfer application on the material presented
The application was struck out as incomplete because the Applicants failed to annex the Plaint, Defences or the order in which the Ngong ELC Court declined pecuniary jurisdiction
The court confined itself to the single transfer issue, declining to delve into sub judice or boundary-dispute arguments. Without the pleadings from Ngong ELC No. 76 of 2019, the court could not determine whether the suit was sub judice vis-à-vis Kajiado ELC No. 60 of 2019 or whether it involved a boundary dispute for the Land Registrar. The supporting affidavit, sworn by the Applicants' advocate, did not disclose material facts, rendering the application incomplete and unfit for determination on its merits.
Whether the transfer application was properly directed to the Environment and Land Court
The miscellaneous cause title referred to the High Court, though the Applicants explained the mistake in submissions, stating the matter was filed in the Environment and Land Court
The 2nd Respondent objected that the record remained directed to the High Court and not the Environment and Land Court. The court noted the discrepancy but accepted the Applicants' explanation that the matter was actually filed in the Environment and Land Court. This was not treated as fatal; the application ultimately failed on incompleteness of the supporting evidence rather than on misdirection to the wrong court.
Legal principles established
#- An application for transfer of a suit must be supported by material facts and evidence, including the pleadings in the suit sought to be transferred; an application without these is incomplete and liable to be struck out
Court orders
#- 1.The Applicants' Notice of Motion application dated 29th October 2019 is struck out
- 2.Costs of the application awarded to the 1st, 2nd and 3rd Respondents
- Jurisdiction invoked
- Article 159(2)(d) of the Constitution; Sections 1A, 1B and 18(b)(i) of the Civil Procedure Act; Order 51 Rules 1 and 2 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Mbiriga v Mutuamwari & 9 others (Environment and Land Appeal E097 of 2021) [2022] KEELC 2450 (KLR)[2022] KEELC 2450 (KLR)20 Jul 2022
Cite this brief
#Cite this brief
Caselaw, "George Ndegwa Mwangi & 3 others v Ruth Wakapa & 6 others [2020] KEELC 2696 (KLR)", Case Analysis (2020). Kajiado ELC Miscellaneous Application (Notice of Motion dated 29th October 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/2696/eng@2020-05-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.