Sironik v United Credit Limited & 9 others [2023] KEELC 22607 (KLR) | Jurisdiction Of Courts | Esheria

Sironik v United Credit Limited & 9 others [2023] KEELC 22607 (KLR)

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Sironik v United Credit Limited & 9 others (Environment & Land Case E40 of 2020) [2023] KEELC 22607 (KLR) (21 September 2023) (Ruling)

Neutral citation: [2023] KEELC 22607 (KLR)

Republic of Kenya

In the Environment and Land Court at Kajiado

Environment & Land Case E40 of 2020

LC Komingoi, J

September 21, 2023

Between

Alice Ngini Sironik

Plaintiff

and

United Credit Limited

1st Defendant

Usha Chandravadan Dipchand Shah (Sued as the Administratix of the Estate of Chandra Dipchand Shah - Deceased)

2nd Defendant

Bid Investment Co. Limited

3rd Defendant

Kunal Kamlesh Somchand

4th Defendant

Rahul Kilash Bid

5th Defendant

Edgar Kipngeno Kirui

6th Defendant

Farida Cheptoo Mitei

7th Defendant

George Njoroge Muiruri (t/a Leakeys Auctioneers)

8th Defendant

Chairman-Land Control Board, Kajiado

9th Defendant

District Land Registrar, Ngong

10th Defendant

Ruling

1. This is the preliminary objection raised by the 6th and 7th defendants, on the grounds that the subject matter is valued at about Kshs 6. 5 million.That therefore this matter falls within the jurisdiction of the Chief Magistrate’s Court Ngong.

2. The preliminary objection is opposed by Mr. Owang, for the plaintiff on the ground that the subject property is located in a prime area and is valued at approximately Kshs 35 million currently.

3. I have considered the preliminary objection, the grounds and the rival submissions.

4. From the records adduced by the plaintiff the subject property was charged to United Credit Limited for the sum of Kshs 4,000,000/=Thereafter the plaintiff defaulted to settle the loan amount and the same was put up for Public Auction on the August 27, 2020 after an advertisement in the Daily Nation Newspaper dated March 4, 2019, the 6th and 7th defendants successfully bid for and purchased the subject property at Kshs 4,900,000/=.

5. The above facts have not been disputed. The plaintiff has not availed a current valuation to show that the subject property is worth Kshs 35 million.

6. I find merit in the preliminary objection and the same is upheld.I hereby transfer this suit to Chief Magistrate’s Court Ngong for hearing and disposal.I make no orders as to costs.

DATED, SIGNED AND DELIVERED VIRTUALLY AT KAJIADO THIS 21ST DAY OF SEPTEMBER 2023. L. KOMINGOIJUDGE.