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JudgmentLudia Jeptanui Maritim VS Ruth Jepkorir Sang1 min read

Ludia Jeptanui Maritim VS Ruth Jepkorir Sang

Environment and Land Court at Eldoret Environment and Land Court · · E. M. WASHE, J

RULING

  1. The Application dated 26.05.2025 is seeking to have the proceeding known as ELDORET CMCC ELC NO.E209 OF 2023 transferred to this Court.
  2. The main reason is that the 2nd Applicant who is 1st Defendant in the Lower Court case filed a Counter-Claim based adverse possession.
  3. However, the Lower Court has no jurisdiction to hear and determine matters of adverse possession.
  4. It is true that the Lower Court has no jurisdiction to hear and determine matters of adverse possession.
  5. In other words, the 1st Applicant’s Counter-Claim based on adverse possession was filed in Court without jurisdiction.
  6. It is settled law that a claim filed in a Court without jurisdiction cannot be transferred.
  7. Such a claim is bad in law and cannot be cured through a transfer.
  8. As the main cause of action is based on trespass, the Lower Court has jurisdiction to hear the same.
  9. Consequently, the application dated 26.05.2025 is declined and dismissed with costs.


IN THE PRESENCE OF;

Court Assistant: Brian

Plaintiff: Ms. Chumba for Plaintiff/Applicant

Defendant: Ms. Rono holding brief Mr. Tarigo for Defendant/Respondent

    Ludia Jeptanui Maritim VS Ruth Jepkorir Sang Ludia Jeptanui Maritim VS Ruth Jepkorir Sang