Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCAllowedELC Case No. 49 of 2018 (as CMCC ELC No. 49 of 2018, Machakos)· [2021] KEELC 2523 (KLR)

Ronald Musyoki Mathooko & 2 others v Eliud Chege & 45 others [2021] KEELC 2523 (KLR)

Environment and Land Court
16 July 2021
OAO. A. Angote
740 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

#

A Kenyan land dispute worth Kshs. 112 million was moved from the Magistrate's Court to the Environment and Land Court because magistrates can only hear suits up to Kshs. 20 million.

What this practically means

#

Executive summary

#
The Applicants moved the Environment and Land Court at Machakos by Notice of Motion dated 12th August 2020 seeking transfer of CMCC ELC No. 49 of 2018 (Ronald Musyoki Mathooko & 2 Others v Eliud Chege & Others) from the Chief Magistrate's Court at Machakos to the ELC. They argued, under Section 18 of the Civil Procedure Act, that the lower court lacked pecuniary jurisdiction because the suit land, Mavoko Town Block 3/2209, was worth Kshs. 112,000,000, far above the Chief Magistrate's Kshs. 20,000,000 limit. The 3rd Respondent opposed, contending the suit was properly instituted in the subordinate court, that value should be proved by a Valuation Report produced first, and that any award would be against individuals rather than cumulative. Counsel for the 1st and 3rd Respondents relied on Section 26(3) and (4) of the Environment and Land Court Act, submitting that duly gazetted magistrates with the requisite pecuniary jurisdiction can hear land disputes, the suit being founded on trespass. Justice O. A. Angote perused the Valuation Report annexed to the Applicants' Supplementary Affidavit dated 6th March 2021, which confirmed a market value of Kshs. 112,000,000 for the 16.15 Ha parcel. Holding the suit could only be heard by the ELC, the court allowed the application, withdrew and transferred the suit to itself, and ordered each party to bear their own costs.

Key legal issues

#
01

Pecuniary jurisdiction of the Chief Magistrate's Court over a land suit where the subject property is valued at Kshs. 112,000,000

Holding

The suit exceeds the Chief Magistrate's pecuniary jurisdiction of Kshs. 20,000,000 and can only be heard by the ELC, which accordingly withdrew and transferred it to itself under Section 18(1) of the Civil Procedure Act.

Reasoning

The court relied on a Valuation Report annexed to the Applicants' Supplementary Affidavit showing the suit land, Mavoko Town Block 3/2209 measuring 16.15 Ha, had a current market value of Kshs. 112,000,000. Since the Chief Magistrate at Machakos has pecuniary jurisdiction capped at Kshs. 20,000,000, the lower court lacked jurisdiction. Section 18(1) of the Civil Procedure Act empowered the court to withdraw the suit and transfer it to itself.

p. 2

Legal principles established

#

    Court orders

    #
    1. 1.The court withdraws and transfers Machakos CMCC ELC No. 49 of 2018 from the Chief Magistrate's Court to the Environment and Land Court
    2. 2.Each party to bear his/her own costs

    Authorities

    #

    Legislation

    • Civil Procedure ActSection 18(1)
    • Environment and Land Court ActSection 26(3) and (4)
    Jurisdiction invoked
    Section 18(1) of the Civil Procedure Act

    Key timeline

    #

    Practical implications

    #

    Frequently asked questions

    #

    Cite this brief

    #

    Cite this brief

    Caselaw, "Ronald Musyoki Mathooko & 2 others v Eliud Chege & 45 others [2021] KEELC 2523 (KLR)", Case Analysis (2021). ELC Case No. 49 of 2018 (as CMCC ELC No. 49 of 2018, Machakos). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/2523/eng@2021-07-16

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