- In the application by a Notice of motion dated 27th January 2025, the applicant through Cherono Jepkosgey and Company Advocates is seeking the orders infra (a) THAT KAPSABET ELC NO. 4 OF 2023 Formerly Kapsabet cmelc No. E127 of 2021 ISAAC KIPKOSEI CHOGE V. PETER KIPKEMBOI AND ISAIAH KIPCHIRCHIR be transferred to the Principal Magistrate’s court at Tinderet for hearing and final determination. (b) THAT costs be in the cause.
- The application is founded upon eight grounds, inter alia; (a) The suit parcel of land NANDI/KIBISEM/216 is situated within jurisdiction of Tinderet Law Courts. (b) The matter herein has been lying in court unattended to for over one year now since the court has no jurisdiction to handle the same.
- Mr Kipkosgei Choge learned counsel for the respondent is in support of the application.
- In that regard, is the application meritorious?
- The instant claim relates to registration and occupation of the suit parcel of land.
- The cause of action in the suit arose within the jurisdiction of Tinderet Law Courts.
- This court is guided by, inter alia, sections 1A, 1B, 3, 3A, 5, 11, 15, 18 of the Civil Procedure Act Chapter 21 Laws of and more fundamentally, Articles 6 (3), 48 and 159 (2) (b) of the Constitution of Kenya 2010 herein.
- In the foregone, the application is merited. The suit is hereby transferred as sought in the application as per paragraph 1 (a) and (b) hereinabove.
- It is so ordered.
DATED and DELIVERED at KAPSABET this 18th day of February 2025
GEORGE M A ONGONDO
JUDGE
PRESENT;
Ms Koech learned counsel for the applicant
Mr Choge learned counsel for the respondent.