Jesus Fellowship Church International & another v Asma [2023] KEELC 15987 (KLR)

Jesus Fellowship Church International & another v Asma (Environment & Land Case E001 of 2023) [2023] KEELC 15987 (KLR) (18 January 2023) (Ruling)

Neutral citation: [2023] KEELC 15987 (KLR)

Republic of Kenya

In the Environment and Land Court at Homa Bay

Environment & Land Case E001 of 2023

GMA Ongondo, J

January 18, 2023

Between

Jesus Fellowship Church International

1st Plaintiff

Meressah Akoth Otieno

2nd Plaintiff

and

James Obwana Asma

Defendant

Ruling

1. I have perused a Notice of Motion dated January 12, 2023 under certificate of urgency by the plaintiff/applicants through Lumumba and Ayieko Advocates.

2. In view of the character of suit including the area of the suit land and orders sought in the plaint dated January 12, 2023 herein and being guided by sections 5,11,17 and 18 of the CPAcap 21 Laws of Kenya, I order and direct thus:1. This suit be and is hereby transferred to Chief Magistrate’s Court at HomaBay for hearing and determination.2. The suit be placed before the said Chief Magistrate’s Court for directions on January 19, 2023. 3.The parties herein be notified by the Deputy Registrar of this Court accordingly.

DELIVERED, DATED AND SIGNED AT HOMABAY THIS 18TH DAY OF JANUARY 2023. G.M.A ONG’ONDOJUDGE