Mugo ‘A' & another v Mukunya [2022] KEELC 14474 (KLR)

Mugo ‘A' & another v Mukunya (Environment & Land Case 46 of 2020) [2022] KEELC 14474 (KLR) (26 October 2022) (Ruling)

Neutral citation: [2022] KEELC 14474 (KLR)

Republic of Kenya

In the Environment and Land Court at Thika

Environment & Land Case 46 of 2020

BM Eboso, J

October 26, 2022

(FORMERLY MURANGA ELC CASE NO. 18 OF 2019)

Between

Mukunya Mugo ‘A'

1st Plaintiff

Winnie Wambui

2nd Plaintiff

and

Elizabeth Mugure Mukunya

Defendant

Ruling

1. Before me for determination is a notice of motion dated 10/3/2022. The dispute in the suit relates to Land Parcel Number Loc1/Kiunyu/172. While preparing to write the ruling relating to the above application, it has come to the notice of this court that the suit property is located in Muranga County, within the jurisdiction of the Muranga Environment and Land Court.

2. Regardless of where the land register relating to the suit property is domiciled, this is a dispute that should be adjudicated at Muranga Environment and Land Court. Consequently, I order that this case be transferred to Muranga Environment and Land Court forthwith. The case will be given a mention date before the Deputy Registrar at Muranga Environment and Land Court at the time of rendering this ruling. The deputy registrar will in turn list the matter before the ELC Judge at Muranga.

3. The application that was to be determined will be disposed by the Muranga Environment and Land Court which is the court seized of jurisdiction to adjudicate land disputes in Muranga County.

DATED, SIGNED AND DELIVERED VIRTUALLY AT THIKA ON THIS 26TH DAY OF OCTOBER 2022B M EBOSOJUDGEIn the Presence of:-Mr Mukunya for the PlaintiffsCourt Assistant: Ms Osodo