[2021] KEELC 4646 (KLR)
The court found that although the suit concerns a parcel of land, the core issue is the alleged fraud in the grant of Letters of Administration. Since such matters fall under the jurisdiction of the Family Division of the High Court and not the Environment and Land Court, the court lacks jurisdiction to adjudicate...
Source-derived case information.
- Citation
- [2021] KEELC 4646 (KLR)
- Parties
- Plaintiff: Abdul Azim; Defendant: Rajabali Habib Ali
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 17 of 2020
- Procedural Posture
- Land Dispute / Ruling on Jurisdiction and Transfer
- Outcome
- Suit transferred to the High Court Family Division for hearing and determination due to lack of jurisdiction.
- Judges
- MN Kullow
- Legal Topics
- Jurisdiction of Court, Letters of Administration, Fraud in Land Transactions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Abdul Azim
Plaintiff
Rajabali Habib Ali
Defendant
Procedural Posture
Land Dispute / Ruling on Jurisdiction and Transfer
Legal Issues
- 1 Whether the Environment and Land Court has jurisdiction to hear a dispute involving allegations of fraud in the grant of Letters of Administration relating to land.
- 2 Whether the suit should be transferred to the appropriate court for determination.
Ratio Decidendi
The court found that although the suit concerns a parcel of land, the core issue is the alleged fraud in the grant of Letters of Administration. Since such matters fall under the jurisdiction of the Family Division of the High Court and not the Environment and Land Court, the court lacks jurisdiction to adjudicate the dispute. Consequently, the suit should be transferred to the appropriate court for hearing and determination.
Court Disposition
Suit transferred to the High Court Family Division for hearing and determination due to lack of jurisdiction.
Orders
- The suit is transferred to the High Court Family Division for hearing and determination.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAROK
ELC NO. 17 OF 2020
ABDUL AZIM.........................................................................................PLAINTIFF
-VERSUS-
RAJABALI HABIB ALI......................................................................DEFENDANT
RULING
I have considered the application before me and the pleadings in respect of the entire suit and I find that even though the suit herein was in regard to a parcel of land known as Narok Cis Mara/Oleleshwa/585 the substratum of the same is based on the allegations of fraud with regard to the grant of Letters of Administration and pursuant to the provisions of section 13 of the Environment and Land Act I find that I lack jurisdiction to adjudicate on the same and I therefore order that the suit herein be transferred to the High Court Family Division for hearing and determination.
DATED, SIGNED and DELIVERED in open court at NAROK on this 18th day of January, 2021
Mohammed N. Kullow
Judge
18/01/2021
In the presence of:-
CA:Chuma
Mr Kiptoo for the applicant
N/A for the defendant
Mohamed N. Kullow
Judge
18/1/2021