Samuel Ntoiti Mborothi v County Government [2015] KEHC 3359 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

MISC. APPLICATION NO. 17 OF 2013

SAMUEL NTOITI MBOROTHI........................................PLAINTIFF

VERSUS

THE COUNTY GOVERNMENT....................................DEFENDANT

R U L I N G

This application is dated 2nd July, 2015 and seeks orders:

1. THAT this Honourable Court be pleased to order the transfer of CMCC No. 325 of 2010 MAUA to the Environment and Land Court at Meru.

2. THAT the costs of this Application be provided for.

It is supported by the affidavit of Samuel Ntoiti M'Mborothi and has the following grounds:

(a) THAT the claim herein is for (Kshs.21,040,000/-) after taking a Valuation.

(b) THAT the Chief Magistrate's Court at Maua lacks pecuniary jurisdiction.

(e) THAT the transfer will not occasion any prejudice to any of the parties.

On 8. 7.2015, the opposite parties indicated that they did not oppose the application.  In the circumstances, it is allowed with the effect that suit No. CMCC 325 of 2010 at Maua is transferred to the Environment and Land Court at Meru.

Costs shall be in the cause.

It is so ordered.

Delivered in Open Court at Meru this 8th day of July, 2015 in the presence of:

Cc. Lilian/Daniel

Muthamia h/b Mbaabu Inoti for Applicant

Ayub Anampiu h/b Kiautha Arithi for Respondent

P. M. NJOROGE

JUDGE