Sironik v United Credit Limited & 9 others (Environment & Land Case E40 of 2020) [2023] KEELC 22607 (KLR) (21 September 2023) (Ruling) Neutral citation: [2023] KEELC 22607 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT KAJIADO ENVIRONMENT & LAND CASE E40 OF 2020 LC KOMINGOI, J SEPTEMBER 21, 2023 BETWEEN ALICE NGINI SIRONIK ........................................................................... PLAINTIFF AND UNITED CREDIT LIMITED .......................................................... 1ST DEFENDANT USHA CHANDRAVADAN DIPCHAND SHAH (SUED AS THE ADMINISTRATIX OF THE ESTATE OF CHANDRA DIPCHAND SHAH DECEASED) ...................................................................................... 2ND DEFENDANT BID INVESTMENT CO. LIMITED ............................................... 3RD DEFENDANT KUNAL KAMLESH SOMCHAND ................................................ 4TH DEFENDANT RAHUL KILASH BID ..................................................................... 5TH DEFENDANT EDGAR KIPNGENO KIRUI .......................................................... 6TH DEFENDANT FARIDA CHEPTOO MITEI ........................................................... 7TH DEFENDANT GEORGE NJOROGE MUIRURI (T/A LEAKEYS AUCTIONEERS) .... 8TH DEFENDANT CHAIRMAN-LAND CONTROL BOARD, KAJIADO ............... 9TH DEFENDANT DISTRICT LAND REGISTRAR, NGONG ................................ 10TH DEFENDANT RULING 1. This is the preliminary objection raised by the 6th and 7th defendants, on the grounds that the subject matter is valued at about Kshs 6.5 million. That therefore this matter falls within the jurisdiction of the Chief Magistrate’s Court Ngong. https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/22607/eng@2023-09-21 1
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2. The preliminary objection is opposed by Mr. Owang, for the plainti on the ground that the subject property is located in a prime area and is valued at approximately Kshs 35 million currently. 3. I have considered the preliminary objection, the grounds and the rival submissions. 4. From the records adduced by the plainti the subject property was charged to United Credit Limited for the sum of Kshs 4,000,000/= Thereafter the plainti defaulted to settle the loan amount and the same was put up for Public Auction on the August 27, 2020 after an advertisement in the Daily Nation Newspaper dated March 4, 2019, the 6th and 7th defendants successfully bid for and purchased the subject property at Kshs 4,900,000/=. 5. The above facts have not been disputed. The plainti has not availed a current valuation to show that the subject property is worth Kshs 35 million. 6. I nd merit in the preliminary objection and the same is upheld. I hereby transfer this suit to Chief Magistrate’s Court Ngong for hearing and disposal. I make no orders as to costs. DATED, SIGNED AND DELIVERED VIRTUALLY AT KAJIADO THIS 21ST DAY OF SEPTEMBER 2023. L. KOMINGOI JUDGE. https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/22607/eng@2023-09-21 2
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