Hellena Cheserem (suing as the wife and personal representative of the Estate of Augustine Kiptoo Cheserem (Deceased) v Joel K. Toroitich & 3 others [2017] KEELC 1748 (KLR)
- Court
- Environment & Land Court
- Case number
- 1748
- Citation
- [2017] KEELC 1748 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication to transfer a case from the Chief Magistrate's Court to the Environment and Land Court of KenyaCoramD. O. OHUNGO
Holding
The Chief Magistrate's Court should continue hearing the matter to conclusion
Facts
The applicant filed a suit in the Chief Magistrate's Court on August 8, 2008, seeking a declaration that the suit property belongs to the estate of Augustine Kiptoo Cheserem (Deceased) and an injunction. The suit was amended on November 10, 2010, to include additional defendants and an order for record amendment.
Issues
- Whether the Environment and Land Court has jurisdiction to transfer the case
- Whether the amendment of the map ousted the jurisdiction of the subordinate court
Reasoning
The suit was filed before the Constitution of Kenya 2010 and the Environment and Land Court Act, 2011 came into effect. The provisions of the Sixth Schedule and the Environment and Land Court Act, 2011 apply fully, and the matter should be heard by the Chief Magistrate's Court.
Outcome
The application to transfer the case is dismissed
Orders
- Each party to bear own costs
- Prosecute NAKURU CMCC No. 712A OF 2008 (HELLENA CHESEREM VS JOEL K. TOROITICH &OTHERS) before the Chief Magistrate's Court at Nakuru
Authorities cited
Legislation (3)
- Constitution of Kenya 2010
- Environment and Land Court Act, 2011
- Sixth Schedule of the Constitution
Cases cited (4)
- Article 162(2)(b) of the Constitution
- Section 13 of the Environment and Land Court Act, 2011
- Section 22 of the Sixth Schedule of the Constitution
- Section 30(1) of the Environment and Land Court Act, 2011
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…