Nchue & another v Sondai [2023] KEELC 20892 (KLR)

Nchue & another v Sondai (Environment & Land Miscellaneous Case E015 of 2023) [2023] KEELC 20892 (KLR) (19 October 2023) (Ruling)

Neutral citation: [2023] KEELC 20892 (KLR)

Republic of Kenya

In the Environment and Land Court at Kajiado

Environment & Land Miscellaneous Case E015 of 2023

LC Komingoi, J

October 19, 2023

Between

Naatana Ene Nchue

1st Applicant

Sulai Ene Nchue

2nd Applicant

and

Ibrahim Lei Sondai

Respondent

Ruling

1. This is the Notice of Motion dated 13th June 2023 brought under;(Under article 48,50,159,162,165 of the Constitution of Kenya, section 12 of the Environment and Land Court Act, section 1A, 3A of the Civil Procedure Act, and all other provisions of the Law)

2. It seeks Orders;1. That this Honourable Court be pleased to transfer the ELC Case No.E127/2022 to the High Court at Kajiado for hearing and determination of the matter.2. Cost of this Application be in the cause.

3. The grounds are on the face of the Application and are set out in paragraphs 1 to 4.

4. The Application is supported by the Affidavit of Naatana Ene Nchue the Applicant herein, sworn on the 13th June 2023.

5. The Application is opposed. There are grounds of opposition filed by the Respondent dated 2nd October 2023.

6. I have considered the Notice of Motion and the affidavit in support. I have also considered the grounds of opposition. The issue of determination is whether the application is merited.

7. I have gone through the affidavit by the applicant. There is no Valuation Report or any other evidence attached to show that the subject property is beyond the jurisdiction of the Magistrate’s Court.

8. I find no merit in this application and the same is dismissed with no orders as to costs.

DATED, SIGNED AND DELIVERED VIRTUALLY AT KAJIADO THIS 19TH DAY OF OCTOBER 2023. L. KOMINGOIJUDGE.IN THE PRESENCE OF:Mr. Koin for the Applicant.N/A for the Respondent.Court Assistant – Mutisya.