REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT KISII
ELCLMISC NO. E001 OF 2025
CLASSIC PARCEL HANDLERS LIMITED ……...………… 1ST APPLICANT
HARON KAMAU MONDA ………………………...………. 2ND APPLICANT
EVANS NYAGAKA ANYONA ………………………….….. 3RD APPLICANT
HARKAM ENTERPRISES LIMITED ……..……………….. 4TH APPLICANT
KARANI MELLEN BOSIBORI …………………………….. 5TH APPLICANT
VERSUS
CHARLES NYAIRO MOTACHWA ………………………….. RESPONDENT
RULING
1. The application before me is that dated 20 January 2025. It seeks the following orders :(i) The Honourable Court be pleased to withdraw and transfer the matter Kisii ELC Case No. E044 of 2024 from Kisii lower court for hearing and disposal.
(ii) That costs be in the cause.
2. The application is based on the ground that the value of the suit properties in dispute exceed the pecuniary jurisdiction of the Kisii Chief Magistrates’ Court.
3. When the application came up for inter partes hearing on 1 April 2025, Mr. Meroka, for the respondent stated that he has a preliminary objection as the suit sought to be transferred was already dismissed for want of jurisdiction. Mr. Omwoyo, for the applicants, agreed that the suit was dismissed but insisted that the court can still give the order of transfer.
4. I have taken note of the submissions of counsel. It is agreed that the suit sought to be transferred i.e Kisii CMCCELC No. E044 of 2024 has already been struck out. In that event there would be no subject matter for this court to transfer as the case no longer exists.
5. Given that position, the application dated 20 January 2025 must fail and it is hereby dismissed with costs.
6. Orders accordingly.
DATED AND DELIVERED THIS 1ST DAY OF APRIL 2025
JUSTICE MUNYAO SILA
JUDGE, ENVIRONMENT AND LAND COURT
AT KISII
Delivered in the presence of :
Mr. Omwoyo for the applicants
Mr. Meroka for the respondent
Court Assistant – Michael Oyuko