Case law
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Division and case type: Environment and Land CourtCivil Suit
…The Application dated 11.11.2025 is hereby transferred to the proceedings known as Iten Chief Magistrate Court Succession No.E032 of 2025 for consideration on whether the Applicant has any claim against the estate of Gikono…
…The Application dated 11.11.2025 will be mentioned before the Chief Magistrate Court on 08.04.2026 for further direction. 8. The Order of Status Quo issued on the 16.01.2026 is hereby lifted.…
Division and case type: High Court DivCivil Suit
…Court, MCCC No. 83 of 2024, touching on the same subject matter. c) The court lacks jurisdiction to hear and determine this matter since the same raises matters pertinent to the disposal of the suit premises already in issue…
…at Ol’Kalou Magistrate Court, MCCC No. 83 of 2024. d) The entire suit is brought in bad faith, frivolous, vexatious, and an abuse of the court process, hence a good candidate for striking out with costs. 2.…
Division and case type: High Court DivCivil Suit
…The Magistrate’ Court under the Magistrates’ Court Act, 2015 has jurisdiction to hear and determine defamation cases.…
…of the Magistrate’s court. 14.…
Division and case type: High Court DivCivil Suit
…The Magistrate’ Court under the Magistrates’ Court Act, 2015 has jurisdiction to hear and determine defamation cases.…
…of the Magistrate’s court. 14.…
Division and case type: High Court DivCivil Suit
…The Magistrate’ Court under the Magistrates’ Court Act, 2015 has jurisdiction to hear and determine defamation cases.…
…of the Magistrate’s court. 14.…
Division and case type: Environment and Land CourtCivil Suit
…Therefore, the ELC at Siaya did not intend to have the warrants of attachment sent or executed at the Principal Magistrate''s Court at Siaya. 11.…
…The same title ‘IN THE PRINCIPAL MAGISTRATE COURT AT SIAYA’ is reflected in the Warrants of attachment. 25.…
Division and case type: Environment and Land CourtCivil Suit
…The decision was then transmitted to the Magistrates Court at Kilifi for adoption and judgment. 14.…
…The subsequent adoption of its decision by the Magistrates Court did not confer validity upon it. 15. Mr.…
Division and case type: High Court CivilCivil Suit
…The Land Act confirms that jurisdiction, to the Environment and Land Court, and extends it to the Magistrate Court, under section 150.…
…The Magistrate Court Act, Cap 10, Laws of Kenya, taps from section 150, to confer jurisdiction on magistrates over title to land, its use and occupation.…
Division and case type: High Court DivCivil Suit
…The cases in the Principal Magistrate court Kimilili have been filed by one Albert Wanyonyi by victims of a road traffic accident that occurred on 20.10.2021 involving motor vehicle registration No.…
…There is nothing directly and substantially in issue before the Principal Magistrate court Kimilili that is also directly and substantially in issue before this court.…
Division and case type: High Court DivCivil Suit
…The issue in dispute between the parties is that the Plaintiff/Respondent filed a declaratory suit and garnishee proceedings at Milimani Chief Magistrate’s Court based on the decretal sum and any liabilities arising out of…
…(v) THAT this honourable court be pleased to call for the records of Milimani Chief Magistrate’s Court Civil Suit E4615 of 2024.…
Division and case type: High Court DivCivil Suit
…for determination is a notice of motion dated 6th April, 2025 seeking the following orders; (i) Spent (ii) Spent (iii) Spent (iii) THAT there be a stay of execution and implementation of the ruling and order of the Chief Magistrate…
…Court in Succession Cause No.…
Division and case type: Environment and Land CourtCivil Suit
…E065 of 2021 in Senior Principal Magistrates Court at Kwale. Their claim was that they had legally acquired the suit property by sale from Salim Ali Ngonzi and title issued in their names in February 2021.…
…This court exercises supervisory jurisdiction over the Chief Magistrate court under Articles 165(6) as read together with article 162(2) of the Constitution of Kenya 2010.…
Division and case type: High Court DivCivil Suit
…The Plaintiff instituted the instant suit vide a Plaint dated 30/10/ 2020, seeking for prayers that :- a) A stay of execution of the judgment and the proceedings in Civil Suit No. 448/2019 in the lower court Chief Magistrate's…
…Court Machakos be granted pending hearing and determination of the suit. b) The Defendant be ordered to satisfy the judgment in the lower court Chief Magistrate's Court Machakos Civil Suit No. 448/2019 as the insurance company…
Division and case type: Environment and Land CourtCivil Suit
…’ Court or Meru ELC Court exercising supervisory jurisdiction over Maua Chief Magistrates’ Court. q) It would be in the interest of justice that this Application be allowed as prayed. r) This court has the inherent powers…
…The 1st Application by the Defendants’ dated 14th November 2024 seeks for orders of transfer of this suit for trial before Maua Chief Magistrates’ court or the Meru ELC.…
Division and case type: Environment and Land CourtCivil Suit
…The Plaintiff in Machakos Senior Resident Magistrate court Civil Court No. 56 of 1982 died ono 4 th December, 2008. There was no substitution made.…
…On 12 th June 2012 the Plaintiff’s counsel in Machakos chief Magistrate court civil suit No. 176 of 2007 informed the court that as the suit against Raymond Kalovya had abated, they wished to proceed as against the 1 st Defendant…
Division and case type: Environment and Land CourtCivil Suit
…Thegenge/ Kihora/128 was sub divided pursuant to proceedings in Nyeri Chief Magistrate Court Award Case No. 101 of 2000. 17.…
…It was not very clear to me why both sides of the dispute continuously made reference to the proceedings in the said Nyeri Chief Magistrates Court Award Case No. 101 of 2000.…
Division and case type: High Court CivilCivil Suit
…Agutu in Kisumu Chief Magistrate Court Probate and Administration Miscellaneous Cause No. 836 of 2021. Re Estate of Caroline Muhonja Mwenesi, and attached to the supporting affidavit of Mitchelle J. B.…
Division and case type: Environment and Land CourtCivil Suit
…Further, that Shompole appealed against that decision of the Magistrate Court to the High Court, wherein their Appeal was allowed.…
…However, after Shompole appealed at the High Court, the decision of the Magistrates Court was overturned.…
Division and case type: High Court DivCivil Suit
…The said High Court civil suit at Machakos was however later on 7/5/2020 transferred to the Chief Magistrate Court for hearing and disposal, and upon the case being received in the Machakos Chief Magistrate Court's Registry…
Division and case type: Environment and Land CourtCivil Suit
…That when he got to know his land had been sold wrongly in 2007, he filed a suit before the Magistrate court but the defendants raised objection on the court’s jurisdiction, necessitating the filing of the instant suit in…