Ngumbao v Onyango (Miscellaneous Application E050 of 2025) [2026] KEELC 3186 (KLR)

Ngumbao v Onyango (Miscellaneous Application E050 of 2025) [2026] KEELC 3186 (KLR) (20 May 2026) (Ruling) Neutral citation: [2026] KEELC 3186 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MALINDI MISCELLANEOUS APPLICATION E050 OF 2025 FM NJOROGE, J MAY 20, 2026 BETWEEN RAYMOND KARISA NGUMBAO ........................................................... PLAINTIFF AND MARGARET ADHIAMBO ONYANGO .............................................. DEFENDANT RULING 1. The Originating Summons dated 26th day of September 2025 is premised on the doctrine of adverse possession. It is disclosed therein that MCELC No ELC E120 of 2025 Margaret Adhiambo Onyango Versus Raymond Karisa Ngumbao exists, in which the defendant herein has sued the plaintifi herein for recovery of vacant possession. It is stated that the magistrate’s court lacks jurisdiction to hear and determine that lower court case hence the present Originating Summons. However, there is no application seeking orders of court for the transfer of the lower court matter, but only a consent dated 16th December 2025 between the parties herein, who appear to be by that consent transferring the lower court matter to this court. 2. Transfer of suits can not be by way of a consent. It is a matter reserved for the discretion of the court according to order a transfer. However, the terms of section 18(1)(b)(1) of the Civil Procedure Act do not require that there must be an application for the court to withdraw a suit from a subordinate court to itself for the purposes of trying or disposing of the same. 3. This court thus rejects that consent of the parties transferring the matter to it. 4. However, now that the existence of that suit has been brought to the attention of this court, for the purposes of expedition and afiordability of justice envisaged in Section 1A and 1B of the Civil Procedure Act, this court will not order an application to be filed. In lieu thereof, this court issues orders as follows: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3186/eng@2026-05-20 1

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