Zena Makokha Mohammed & 1 other v Joyce Pacilisha Shimanyula & 3 others

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KAKAMEGA CIVIL SUIT NO. 1 OF 2021 ZENA MAKOKHA MOHAMMED................................1ST PLAINTIFF MARTHA ATIENO ONYANGO.....................................2ND PLAINTIFF VERSUS JOYCE PACILISHA SHIMANYULA..........................1ST DEFENDANT THOMAS SHIMANYULA LEVI.................................2ND DEFENDANT FAMILY BANK LIMITED...........................................3 RD DEFENDANT PAWABA AUCTIONEERS...........................................4TH DEFENDANT RULING 1. As I was settling to write a ruling herein, I realised that there were proceedings that were taken on 29 th July 2021, before Hon. Lady Justice F. Amin, on the jurisdiction of the Environment and Land Court to transnfer a matter pending before it to the High Court. 2. I was initially of the impression that the Judge had only given directions, for filing of written submissions, and that I could proceed and determine it on the basis of the written submissions. But as oral arguments were taken on 29 th july 2021, the matter is, no doubt, part-heard by Hon. Lady Justice F. Amin, and it would only be right to refrain from preparing a ruling on the issue that was before the Judge. 3. Consequently, the matter shall be placed before Hon. Lady Justice F. Amin, for further dircetions . It is so ordered. DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAKAMEGA THIS 20TH DAY OF DECEMBER 2021 W. MUSYOKA JUDGE IN THE PRESENCE OF:ERICK ZALO – COURT ASSISTANT N/A FOR THE PARTIES