Juma Muchemi v Grace Wambui Odongo t/a Classic Guest House [2017] KEELC 1865 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT NAIROBI

MILIMANI LAW COURTS

ELC.  CASE NO. 378 OF 2014

JUMA MUCHEMI……………………............................……….…..PLAINTIFF

VERSUS

GRACE WAMBUI ODONGO T/A CLASSIC GUEST HOUSE....DEFENDANT

RULING

I have considered Notice of Motion dated 15th October 2014 and the Supporting Affidavit filed by the Defendant/Applicant.  I have also considered the Plaintiff/Respondent’s Replying Affidavit sworn on 10th December 2014.

The subject matter of this suit is a parcel of land identified as KISUMU/MUNICIPALITY/BLOCK 8/143.  As there is an Environment and Land Court (ELC) in Kisumu, this suit falls within their jurisdiction.  Accordingly, I will allow Notice of Motion dated 15th October 2014 in terms of prayer No. 2.

Let this matter be transferred to the Kisumu ELC court and be mentioned before that court on a date to be given by this court.  Costs   on the  cause.

DELIVERED, DATED AND SIGNED AT NAIROBI THIS 1ST DAY OF SEPTEMBER   2017.

MARY M. GITUMBI

JUDGE