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|Case Number:||Miscellaneous 261 of 2015|
|Parties:||Kasigau Ranching (D.A) Co. Ltd v Finch Travel Limited|
|Date Delivered:||04 Mar 2016|
|Court:||Environment and Land Court at Nairobi|
|Judge(s):||Mary Muthoni Gitumbi|
|Citation:||Kasigau Ranching (D.A) Co. Ltd v Finch Travel Limited  eKLR|
|Court Division:||Land and Environment|
|Case Outcome:||application dismissed|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
ENVIRONMENT AND LAND COURT
ELC. MISC. NO. 261 OF 2015
KASIGAU RANCHING (D.A) CO. LTD...................................APPLICANT
FINCH TRAVEL LIMITED....................................................RESPONDENT
Notice of Motion dated 28th September 2015 seeks the transfer of Milimani CM.CC. NO. 788 of 2015 from the Subordinate Court to the Environment & Land Court for full hearing and determination on the ground that though the Plaintiffs’ claim is for a sum of Ksh. 5,818,610/-, the Respondent plans to file a counterclaim touching on a Ksh. 50million investment on the suit premises, a lease of over 15,000 acres on LR NO. 12180 and seek damages for breach of Lease Agreement.
Accordingly, the Applicant urges that the subject matter of the suit before the Subordinate Court exceeds the pecuniary jurisdiction thereof, thereby necessitating the transfer of the suit to the Environment & Land Court which has unlimited original jurisdiction on land matters. It is noteworthy that as matters stand right now, the Applicant has not yet raised the counterclaim referred to. The Applicant has only noted that they desire to file the said counterclaim. I therefore decline to allow the Application for the reason that the Counterclaim has not as yet been raised or lodged.
The application is therefore dismissed with no order as to costs.
DELIVERED AND SIGNED AT NAIROBI THIS 4TH DAY OF MARCH 2016.
MARY M. GITUMBI