Kyule v Mutuku; Director Land Adjudication and Settlement Scheme (Third party) (Environment and Land Miscellaneous Application E007 of 2024) [2025] KEELC 597 (KLR)

Section 9 of the Magistrates' Court Act confers on magistrates' courts jurisdiction to hear claims relating to title, tenure and instruments granting enforceable interests in land, subject to pecuniary limits. Section 26 of the Environment and Land Court Act empowers gazetted magistrates to handle civil matters involving occupation and title to land. Section 80 of the Land Registration Act gives the court power to order rectification of the register by cancelling or amending registrations obtained by fraud or mistake. Accordingly, the Applicant's premise that the lower court lacks jurisdiction to cancel title was incorrect.

The Applicant sought transfer on the sole ground that the lower court lacked jurisdiction to cancel the title issued to the Respondent. Since the court found that the gazetted magistrate possessed that jurisdiction, the foundation for the transfer under Section 18 of the Civil Procedure Act fell away. The court therefore dismissed the application, noting the Respondent's contention that the application was misconceived and meant to delay the main suit.