Baslum & 2 others v Abdikadir & 3 others [2022] KEELC 2588 (KLR)

Baslum & 2 others v Abdikadir & 3 others (Environment and Land Miscellaneous Application E006 of 2022) [2022] KEELC 2588 (KLR) (16 May 2022) (Ruling)

Neutral citation: [2022] KEELC 2588 (KLR)

Republic of Kenya

In the Environment and Land Court at Isiolo

Environment and Land Miscellaneous Application E006 of 2022

PM Njoroge, J

May 16, 2022

Between

Omar Salim Baslum

1st Plaintiff

Ali Sharif Hussein

2nd Plaintiff

Nasir Shariff Abdinoor

3rd Plaintiff

and

Adan Boru Abdikadir

1st Defendant

Abdinur Abdikadir

2nd Defendant

Nuri Abdikadir

3rd Defendant

Fatuma Abdikadir

4th Defendant

Ruling

1. This application is dated April 27, 2022. The applicants state that they have brought it to court under section 1A, 1B, 3, 17 and 18 of the Civil Procedure Act and orders 37 and 51 of the Civil Procedure Rules.

2. The applicants seek the following orders:1. That the honourable court be pleased to order the transfer of the Principal Magistrate’s Court ELC Case No 1 of 2019 from the Marsabit Environment and Land Court to Isiolo Environment and Land Court for hearing and final determination.2. That the costs of this application does abide the outcome of the suit.3. The application is supported by the affidavit of Advocate Kiprotich William Kiget sworn on April 27, 2022 and has the following grounds:a.That on August 31, 2020 the Honourable Magistrate at Marsabit recused himself and directed that the matter be mentioned for directions in Meru Law Courts.b.That the plaintiff’s advocates offices are situated in Isiolo and the defendants/applicants advocates offices are situated in Nanyuki and all the parties have mutually agreed that the matter be transferred to Isiolo Land and Environment Court which is convenient to the parties and their advocates on record.c.That it is in the interest of justice that the prayers sought are granted.4. Although the applicants have not annexed documents such as the plaint, defence and other pleadings, I will reluctantly allow the application in the greater interest of justice after taking into account that the parties have proffered a consent which is in the following terms:ConsentBy consent between the parties herein, the defendants/applicants application dated April 26, 2022 be allowed as follows: -1. That the honourable court be pleased to allow the application as prayed since the plaintiffs are not opposed to the matter being transferred to Isiolo Environment and Land Court for hearing and final determination.2. That the costs of this application does abide the outcome of the suit.Dated at Nanyuki this April 27, 2022. Mukira Mbaya & Co Advocates for the 1st, 2nd, 3rd plaintiffs/respondents.Kiget & Co Advocate for the 1st, 2nd 3rd and 4th defendants/applicants.

5. Consequently, this application is hereby allowed.

DELIVERED IN OPEN COURT THIS 16TH DAY OF MAY, 2022 IN THE ABSENCE OF THE PARTIES AT ISIOLO IN THE PRESENCE OF:Court Assistant: BaloziHon Justice PM NjorogeJudge