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 Suit No. 100 of 2018 (OS)· [2021] KEELC 2815 (KLR)

Julius Mbae Muremera v Nazariano Bundi Stephine & another [2021] KEELC 2815 (KLR)

Environment and Land Court
21 June 2021
PNP. M. Njoroge
495 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

#

The Environment and Land Court confirmed that adverse possession claims belong before it, not magistrates' courts, and transferred the suit to Meru.

What this practically means

#

Executive summary

#
This was a chamber application by Julius Mbae Muremera, the applicant in ELC Suit No. 100 of 2018 (OS) pending at Nkubu Law Courts, seeking transfer of that suit to the Environment and Land Court at Meru. The underlying suit was an adverse possession claim against the respondents, sued as administrators of the estate of M'Muguongo Magambo (deceased). The application was brought under sections 1A, 1B, 3, 3A and 18 of the Civil Procedure Act and Order 51 of the Civil Procedure Rules, supported by an affidavit sworn on 16th June 2021. The applicant explained that in a ruling delivered by J. Irura (PM), the Nkubu court held it lacked jurisdiction to determine adverse possession matters but ordered the suit transferred to the High Court. Upon a letter of 15th February 2019, the High Court responded on 4th March 2019 that only the High Court itself could transfer matters, there being no corresponding mandate granted to the subordinate court. The applicant emphasised that he and his family had occupied the suit property since 1997 and that the respondents sought to dispossess him of the only home he knew, and that justice required his claim be heard on merit. The court found the application meritorious. It marked the urgency prayer as spent, granted prayers 2 and 3, and ordered costs of the application to be in the cause. Judgment was delivered at Chuka on 21st June 2021 by P. M. Njoroge, J.

Key legal issues

#
01

Transfer of an adverse possession suit from a subordinate court to the Environment and Land Court

Holding

The application for transfer was merited and was allowed.

Reasoning

The applicant's adverse possession claim in ELC Suit No. 100 of 2018 (OS) could not proceed at Nkubu Law Courts because the magistrate's court lacked jurisdiction over adverse possession matters, a point settled in a prior ruling by J. Irura (PM), which directed transfer to the High Court. A letter from the court indicated only the High Court could transfer matters. To allow the applicant's claim to be heard on merit, transfer to the Environment and Land Court was warranted.

p. 1

Legal principles established

#
  • The Environment and Land Court may, in the interest of justice, entertain transfer of a suit pending before subordinate courts where the subordinate court lacks jurisdiction over adverse possession claims.

Court orders

#
  1. 1.Prayer 1 (certification of urgency) marked as spent as the application had already been heard
  2. 2.ELC Suit No. 100 of 2018 (OS) transferred from Nkubu Law Courts to the Environment and Land Court at Meru for hearing and determination
  3. 3.Costs of the application to be in the cause

Authorities

#

Legislation

  • Civil Procedure ActSections 1A, 1B, 3, 3A and 18
  • Civil Procedure RulesOrder 51
  • Constitution of Kenyanot specified
Jurisdiction invoked
Sections 1A, 1B, 3, 3A and 18 of the Civil Procedure Act and Order 51 of the Civil Procedure Rules

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Julius Mbae Muremera v Nazariano Bundi Stephine & another [2021] KEELC 2815 (KLR)", Case Analysis (2021). ELC Suit No. 100 of 2018 (OS). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/2815/eng@2021-06-21

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