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ELCOtherNot stated in judgment· [2023] KEELC 375 (KLR)
Mathiko & another v Ongoro & another (Environment & Land Case 4 of 2021) [2023] KEELC 375 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#Kenya's Environment and Land Court moved a land dispute to Mbita's magistrates' court because the land itself is located there.
What this practically means
#Executive summary
#This is a short transfer ruling/judgment of the Environment and Land Court at Homa Bay delivered by G.M.A Ong'ondo J on 31st January 2023. The plaintiff, appearing through the firm of Agure Odero and Company Advocates, had by an amended plaint dated 21st March 2022 and filed on 19th April 2022 claimed to be the legal owner of land parcel Suba/Kamweda/2860 measuring 1.73 hectares. The court observed that the suit land is located in Suba, within the jurisdiction of Mbita Senior Resident Magistrate's Court. Invoking Articles 6(3) and 48 of the Constitution of Kenya, 2010, and Sections 1A, 1B, 3, 3A, 11, 12, 13, 15 and 18(a) of the Civil Procedure Act, Chapter 21, Laws of Kenya, the judge ordered that the suit be transferred to Mbita Senior Resident Magistrate's Court for hearing and determination, and fixed a mention before that court for directions on 11th April 2023. The judgment contains no merits determination, no decision on the rival claims to the land, no costs order and no cited authorities. No separate opinions were delivered; the bench comprised a single judge with Mr. Odero for the plaintiff and Okello as court assistant.
Key legal issues
#01
Transfer of suit for convenience and proximity to the situs of the land
Holding
The suit was transferred to Mbita Senior Resident Magistrate's Court because the suit land lies within that court's jurisdiction.
Reasoning
The court noted the suit land is located in Suba within the jurisdiction of Mbita Senior Resident Magistrate's Court, and invoked Articles 6(3) and 48 of the Constitution together with sections 1A, 1B, 3, 3A, 11, 12, 13, 15 and 18(a) of the Civil Procedure Act as the basis for ordering transfer and a mention for directions.
p. 1
Legal principles established
#- A court may, guided by Articles 6(3) and 48 of the Constitution and ss 1A, 1B, 3, 3A, 11, 12, 13, 15 and 18(a) of the Civil Procedure Act, transfer a suit to the court within whose jurisdiction the suit land lies.
Court orders
#- 1.This suit is transferred to Mbita Senior Resident Magistrate's Court for hearing and determination.
- 2.Mention before the said court for directions on 11th April 2023.
- Jurisdiction invoked
- Articles 6(3) and 48 of the Constitution of Kenya, 2010 and Sections 1A, 1B, 3, 3A, 11, 12, 13, 15, 18(a) of the Civil Procedure Act (Chapter 21, Laws of Kenya)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mathiko & another v Ongoro & another (Environment & Land Case 4 of 2021) [2023] KEELC 375 (KLR)", Case Analysis (2023). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/375/eng@2023-01-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.