Search court decisions

…Court at Nairobi. b) Upon withdrawal and transfer of NAIROBI SCCOMM E17446/2024 INFOLITE TECHNOLOGIES LIMITED VERSUS JIANGXI WATER AND HYDROPOWER CONSTRUCTION KENYA LIMITED to the Chief Magistrates Court at NAIROBI, the…

…It is notable that the Applicant has attached the Plaint dated 17th February 2025 before the Magistrates'' Court.…

…They submitted that although the dispute arose from a tenancy relationship, the suit was properly instituted before a designated Magistrates' Court exercising jurisdiction under the Magistrates' Courts Act and the Environment…

…Section 9(a) of the Magistrates' Courts Act provides that a magistrate's court shall, in the exercise of jurisdiction conferred by Section 26 of the Environment and Land Court Act, hear and determine claims relating to land…

…I need to pause here and mention that on 17 July 2018, Mutungi J, who was then handling the matter, ordered that the case be transferred to the Chief Magistrates’ Court at Kisii on the basis that the Magistrates’ Court had…

…in the hierarchy of courts, in terms of section 7 of the Magistrates Courts Act.…

…The Applicants have demonstrated that when they filed their counterclaim before the magistrates’ court, there was divided opinion as to whether the magistrates’ court had jurisdiction to hear claims of adverse possession.…

…Oguttu respectively held that magistrates courts had no jurisdiction to entertain a claim for adverse possession. 7.   …

…in the hierarchy of courts, in terms of section 7 of the Magistrates Courts Act.…

…the Environment and Land Court, we find that Magistrates’ Courts do not have jurisdiction to determine the claims of adverse possession.…

…He deponed that they filed a Notice of Preliminary objection dated 26th May, 2025 contesting the Magistrate’s court jurisdiction on account of the defence on limitation.…

…The Applicants asked the court to give directions regarding land matters where the defence of limitation or counter-claims on limitations have been filed in the Magistrates court.…

…Court.…

…In this regard, Section 7 of the Magistrates' Courts Act provides as follows: A magistrate's court shall have and exercise such jurisdiction and powers in proceedings of a civil nature in which the value of the subject matter…

…held that Magistrates courts have jurisdiction to hear and determine claims of adverse possession.…

…E141 of 2022, delivered in October 2024, where it was held that Magistrates Courts have no jurisdiction to hear and determine claims based on adverse possession claims. 8.…

…The grounds are that the subject matter of the suit is well within the pecuniary jurisdiction of the Chief Magistrate’s Court. 6.…

…Section 7 of the Magistrates Court Act No. 26 of 2015 sets out the jurisdiction of magistrates’ court as follows, that: - “(1) A magistrate's court shall have and exercise such jurisdiction and powers in proceedings of a…

…By consent, the Appeal herein is compromised in the following manner; a)   The Order of Stay of the proceedings known as Eldoret Chief Magistrates Court ELC Case No.E068 of 2021 issued on the 22.01.2026 be and is  hereby…

…vacated henceforth. b)   The Defendant in the proceeding known as Eldoret Chief Magistrates Court ELC Case No.E068 of 2024 is granted leave of 21 days from today’s date to Amend its Defence and include a Counter-Claim therein…

…Court. 5.…

…In this regard, Section 7 of the Magistrates' Courts Act provides as follows: A magistrate's court shall have and exercise such jurisdiction and powers in proceedings of a civil nature in which the value of the subject matter…

…Court.…

…Court.…

…in the Magistrates Court because section 8 of the Magistrates Court Act, cap. 10 deprives them of that jurisdiction.…

…The jurisdiction exclusively conferred to this Honourable Court cannot be shared by any other court, including the magistrates’ court.…

…The Applicant therefore apprehends that upon transfer; the Magistrates’ Court may decline jurisdiction on account of the value of the dispute. 6.…

…’ Court.…

…The Applicant therefore apprehends that upon transfer; the Magistrates’ Court may decline jurisdiction on account of the value of the dispute. 6.…

…’ Court.…

…The 2nd respondent opposed the application on the basis that Kabiyet Magistrates’ court has no jurisdiction over the suit.…

…I bear in mind sections 7 and 9 of the Magistrates’ Courts Act No. 26 of 2015 on civil jurisdiction and claims in land and environment cases pertaining to the magistrates’ courts. 12.…

…The Applicant therefore apprehends that upon transfer; the Magistrates’ Court may decline jurisdiction on account of the value of the dispute. 6.…

…’ Court.…

…The Applicant therefore apprehends that upon transfer; the Magistrates’ Court may decline jurisdiction on account of the value of the dispute. 6.…

…’ Court.…

…The application herein is one dated 4 July 2025 filed by the defendants in the suit Kisii MCELC No. 15 of 2019 pending in the Chief Magistrates’ Court at Kisii.…

…The reason they give is that they have raised a counterclaim for adverse possession which the Magistrates’ Court does not have jurisdiction to hear. 2.…