Nchue & another v Sondai (Environment & Land Miscellaneous Case E015 of 2023) [2023] KEELC 20892 (KLR) (19 October 2023) (Ruling) Neutral citation: [2023] KEELC 20892 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT KAJIADO ENVIRONMENT & LAND MISCELLANEOUS CASE E015 OF 2023 LC KOMINGOI, J OCTOBER 19, 2023 BETWEEN NAATANA ENE NCHUE .................................................................. 1ST APPLICANT SULAI ENE NCHUE ......................................................................... 2ND APPLICANT AND IBRAHIM LEI SONDAI ...................................................................... RESPONDENT RULING 1. This is the Notice of Motion dated 13th June 2023 brought under; (Under article 48,50,159,162,165 of the Constitution of Kenya, section 12 of the Environment and Land Court Act, section 1A, 3A of the Civil Procedure Act, and all other provisions of the Law) 2. It seeks Orders; 1. That this Honourable Court be pleased to transfer the ELC Case No.E127/2022 to the High Court at Kajiado for hearing and determination of the matter. 2. Cost of this Application be in the cause. 3. The grounds are on the face of the Application and are set out in paragraphs 1 to 4. 4. The Application is supported by the Adavit of Naatana Ene Nchue the Applicant herein, sworn on the 13th June 2023. 5. The Application is opposed. There are grounds of opposition led by the Respondent dated 2nd October 2023. https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/20892/eng@2023-10-19 1
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6. I have considered the Notice of Motion and the adavit in support. I have also considered the grounds of opposition. The issue of determination is whether the application is merited. 7. I have gone through the adavit by the applicant. There is no Valuation Report or any other evidence attached to show that the subject property is beyond the jurisdiction of the Magistrate’s Court. 8. I nd no merit in this application and the same is dismissed with no orders as to costs. DATED, SIGNED AND DELIVERED VIRTUALLY AT KAJIADO THIS 19TH DAY OF OCTOBER 2023. L. KOMINGOI JUDGE. IN THE PRESENCE OF: Mr. Koin for the Applicant. N/A for the Respondent. Court Assistant – Mutisya. https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/20892/eng@2023-10-19 2
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