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ELCDismissedEnvironment & Land Miscellaneous Case E015 of 2023· [2023] KEELC 20892 (KLR)

Nchue & another v Sondai

Environment and Land Court
19 October 2023
LKLC Komingoi
335 words in judgment
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The bottom line

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A Kenyan court refused to move a land case to the High Court because the applicants provided no valuation report proving the property's value justified the transfer.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Kajiado (LC Komingoi, J) determined a Notice of Motion dated 13th June 2023 by which the applicants, Naatana Ene Nchue and Sulai Ene Nchue, sought an order transferring ELC Case No. E127/2022 to the High Court at Kajiado for hearing and determination, together with costs in the cause. The motion was anchored on Articles 48, 50, 159, 162 and 165 of the Constitution, section 12 of the Environment and Land Court Act and sections 1A and 3A of the Civil Procedure Act, and was supported by an affidavit of the first applicant sworn on 13th June 2023. The respondent, Ibrahim Lei Sondai, opposed the application through grounds of opposition dated 2nd October 2023. The court framed a single issue: whether the application was merited. Examining the applicants' affidavit, the judge found no valuation report or any other evidence demonstrating that the subject property was beyond the jurisdiction of the Magistrate's Court. On that basis the court found no merit in the application, dismissed it, and made no orders as to costs. The ruling was delivered virtually at Kajiado on 19th October 2023, with Mr Koin appearing for the applicants and the respondent not represented.

Key legal issues

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01

Whether the application for transfer of ELC Case No. E127/2022 to the High Court was merited

Holding

The application was not merited and was dismissed with no orders as to costs

Reasoning

The court considered the Notice of Motion, the supporting affidavit and the respondent's grounds of opposition. It examined the applicant's affidavit and found no valuation report or any other evidence demonstrating that the subject property's value exceeded the pecuniary jurisdiction of the Magistrate's Court. Absent such evidence, the transfer application failed and was dismissed with no orders as to costs.

Legal principles established

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  • An applicant seeking transfer of a matter to the High Court on the ground that the property's value exceeds the Magistrate's Court's jurisdiction must attach evidence, such as a valuation report, substantiating that claim

Court orders

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  1. 1.The Notice of Motion dated 13th June 2023 seeking transfer of ELC Case No. E127/2022 to the High Court at Kajiado is dismissed
  2. 2.No orders as to costs

Authorities

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Legislation

  • Constitution of KenyaArticles 48, 50, 159, 162, 165
  • Environment and Land Court ActSection 12
  • Civil Procedure ActSections 1A, 3A
Jurisdiction invoked
Articles 48, 50, 159, 162 and 165 of the Constitution of Kenya; section 12 of the Environment and Land Court Act; sections 1A and 3A of the Civil Procedure Act

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, "Nchue & another v Sondai", Case Analysis (2023). Environment & Land Miscellaneous Case E015 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/20892/eng@2023-10-19

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