[2018] KEHC 7008 (KLR)
The court determined that it lacked jurisdiction to hear and determine the dispute as it relates to business premises and rental matters, which are within the exclusive jurisdiction of the Environment and Land Court. The court relied on the 2012 Practice Directions issued by the Chief Justice, which mandate that...
Source-derived case information.
- Citation
- [2018] KEHC 7008 (KLR)
- Parties
- Plaintiff: Central Bank of Kenya Pensions Fund Registered Trustees; Defendant: Leonard Mudachi t/a Blancos Lounge and Grill; Defendant: Another
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 255 of 2014
- Procedural Posture
- Civil Case / Directions on Jurisdiction and Transfer
- Outcome
- Transferred to the Environment and Land Court for hearing and determination.
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Jurisdiction of Environment and Land Court, Business Premises Tribunal, Rental Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Central Bank of Kenya Pensions Fund Registered Trustees
Plaintiff
Leonard Mudachi t/a Blancos Lounge and Grill
Defendant
Another
Defendant
Procedural Posture
Civil Case / Directions on Jurisdiction and Transfer
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine disputes relating to business premises and rental matters.
- 2 Whether the matter should be transferred to the Environment and Land Court as per the 2012 Practice Directions.
Ratio Decidendi
The court determined that it lacked jurisdiction to hear and determine the dispute as it relates to business premises and rental matters, which are within the exclusive jurisdiction of the Environment and Land Court. The court relied on the 2012 Practice Directions issued by the Chief Justice, which mandate that such matters be determined by the Environment and Land Court. Consequently, the matter was deferred and transferred to the Environment and Land Court Division for hearing and determination.
Court Disposition
Transferred to the Environment and Land Court for hearing and determination.
Orders
- The matter is deferred to the Environment and Land Court Division for hearing and determination.
- Parties to appear before the Duty Judge of the Environment and Land Court on 14th March, 2018 for appropriate directions.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
Civil Case No. 255 Of 2014
CENTRAL BANK OF KENYA PENSIONSFUND
REGISTERED TRUSTEES ...............… PLAINTIFFS
VERSUS
LEONARD MUDACHI t/a BLANCOS LOUNGE AND
GRILL & ANOTHER….........................DEFENDANTS
DIRECTIONS
When this matter was placed before me on 13th November, 2017 at the instance of counsel on record, I made orders for filing of submissions to address the application before me. Subsequently, the ruling was set for today 8th March, 2018.
On going back to the pleadings to prepare the ruling, I noted that this matter falls within the jurisdiction of Environment and Land Court. In addition, by a Practice Direction made in the year 2012, the then Chief Justice directed that matters relating to Business Premises Tribunal and rental thereof among others, be determined by the said court.
In view of the foregoing, I defer this matter to the Environment and Land Court Division for hearing and determination. Parties herein shall appear before the Duty Judge of that court on 14th March, 2018 for appropriate directions.
Dated, signed and delivered at Nairobi this 8th Day of March, 2018.
A. MBOGHOLI MSAGHA
JUDGE