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ELCDismissedMiscellaneous Application arising from Nkubu PM ELC No. 93 of 2018 (originally Meru ELC No. 214 of 2017)· [2020] KEELC 3490 (KLR)

Liberty Mall Limited v Meru County Government National Land Commission [2020] KEELC 3490 (KLR)

Environment and Land Court
26 February 2020
LMLucy N. Mbugua
704 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~3 min to read original · ~4 min brief

The bottom line

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The court refused to move a Ksh. 8.6 million land dispute to the Environment and Land Court, confirming magistrates' courts can hear such claims.

What this practically means

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Executive summary

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The applicant, by notice of motion dated 30/9/2019 under sections 3A, 17 and 18(1)(b) of the Civil Procedure Act and Order 51 Rule 1 of the Civil Procedure Rules, sought re-transfer of Nkubu PM ELC No. 93 of 2018 (originally filed as Meru ELC No. 214 of 2017 on 17/7/2017) from the Nkubu Principal Magistrates Court to the Meru Environment and Land Court. The applicant's advocate, Tom O. K'opere, explained that the case was transferred to the magistrates' court on the court's own motion through a notice to show cause dated 31/1/2019, and argued at the hearing on 18/9/2019 that the suit involved constitutional issues on property rights under Articles 2, 17 and 40 of the Constitution and compensation for compulsory acquisition of land whose value exceeded the magistrates' court's pecuniary jurisdiction under section 7(1)(a) of the Magistrates' Court Act. The 1st respondent, through advocate Hosea Mutembei, opposed, contending the claim was a mere compensation claim of Ksh. 8,625,000 within the subordinate court's jurisdiction, commenced by plaint and based on encroachment, and that section 11 of the Civil Procedure Act requires suits to be filed in the lowest grade competent court. The court framed one issue: whether to re-transfer the suit. Relying on sections 11, 12 and 18 of the Civil Procedure Act and section 7(1)(c) of the Magistrates' Court Act, the court held that the Nkubu court has pecuniary jurisdiction over a claim valued at Ksh. 8,625,000, that no valuation report was produced, and that no issue of law or sufficient reason warranted transfer. The application was dismissed with no orders as to costs.

Key legal issues

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Whether the Nkubu Principal Magistrates Court had jurisdiction to hear the suit, or whether the matter should be re-transferred to the Meru ELC on the basis that constitutional issues and compensation for compulsory acquisition were raised

Holding

The application for re-transfer was dismissed; the magistrates' court has pecuniary jurisdiction over the dispute and no sufficient reason for transfer was shown

Reasoning

The court noted that section 11 of the Civil Procedure Act requires suits to be instituted in the lowest competent court, and section 7(1)(c) of the Magistrates' Court Act confers jurisdiction on a principal magistrate's court over civil claims up to Ksh. 10,000,000. The applicant's claim was valued at Ksh. 8,625,000, within that limit, and no valuation report was produced to suggest otherwise. The alleged constitutional dimension (property rights under Articles 2, 17 and 40) did not displace the subordinate court's competence, and the 1st respondent contended the suit was a plain plaint based on encroachment and compensation, determinable by the magistrate's court.

p. 1

Legal principles established

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  • Every suit shall be instituted in the court of the lowest grade competent to try it
  • A magistrate's court presided over by a principal magistrate has civil jurisdiction where the value of the subject matter does not exceed ten million shillings

Court orders

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  1. 1.The notice of motion dated 30/9/2019 seeking re-transfer of Nkubu PM ELC No. 93 of 2018 to the Meru Environment and Land Court is dismissed
  2. 2.No orders as to costs

Authorities

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Legislation

  • Civil Procedure ActSections 3A, 11, 12, 17, 18(1)(b)
  • Civil Procedure RulesOrder 51 Rule 1
  • Magistrates Court ActSection 7(1)(c) (also referenced as section 7(1)(a) by the applicant)
  • Constitution of KenyaArticles 2, 17, 40
Jurisdiction invoked
Sections 3A, 17 and 18(1)(b) of the Civil Procedure Act and Order 51 Rule 1 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, "Liberty Mall Limited v Meru County Government National Land Commission [2020] KEELC 3490 (KLR)", Case Analysis (2020). Miscellaneous Application arising from Nkubu PM ELC No. 93 of 2018 (originally Meru ELC No. 214 of 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/3490/eng@2020-02-26

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