Mogere v Muli & 2 others [2024] KEELC 3927 (KLR)

Mogere v Muli & 2 others (Environment & Land Case E002 of 2023) [2024] KEELC 3927 (KLR) (30 April 2024) (Ruling)

Neutral citation: [2024] KEELC 3927 (KLR)

Republic of Kenya

In the Environment and Land Court at Narok

Environment & Land Case E002 of 2023

CG Mbogo, J

April 30, 2024

Between

Scholastica Mogere

Plaintiff

and

Pushati Ole Muli

1st Defendant

Meliyio Muli

2nd Defendant

Parmois Muli

3rd Defendant

Ruling

1. When I retired to write the ruling in respect of the Notice of Motion Application dated 1st September, 2023 filed by the plaintiff /applicant, and the Notice of Motion Application dated 26th October, 2023 filed by the defendants/respondents and having perused the pleadings in this file, I realized that this is a matter that falls within the jurisdiction of the magistrate’s court.

2. The matter is still at its infancy stage and in the circumstances and in order to save on judicial time, it is necessary that the matter is heard before the court seized of the proper jurisdiction. As such, this court declines to pronounce itself on both applications.

3. Arising from the above, this file is hereby transferred to the magistrates’ court for hearing and determination.Orders accordingly.

DATED, SIGNED & DELIVERED VIA EMAIL THIS 30TH DAY OF APRIL, 2024. HON. MBOGO C.G.JUDGE30/04/2024. In the presence of: -Mr. Meyoki Pere – C. A