[2018] KEHC 9789 (KLR)
The High Court lacks jurisdiction to entertain disputes concerning rented premises, as such jurisdiction is expressly conferred upon the Environment and Land Court by the Constitution and statute. The court, upon perusal of the record, found that the subject matter falls within the exclusive jurisdiction of the...
Source-derived case information.
- Citation
- [2018] KEHC 9789 (KLR)
- Parties
- Plaintiff: Economic Co-Operative Society Limited; Defendant: Majeed M Jasho t/a Las Air Flight
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 130 of 2013
- Procedural Posture
- Civil Case / Jurisdictional Ruling
- Outcome
- Application not determined for want of jurisdiction; file deferred to Environment and Land Court.
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Jurisdiction of Courts, Rented Premises Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Economic Co-Operative Society Limited
Plaintiff
Majeed M Jasho t/a Las Air Flight
Defendant
Procedural Posture
Civil Case / Jurisdictional Ruling
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine matters relating to rented premises in light of the Constitution and the Environment and Land Court Act.
Ratio Decidendi
The High Court lacks jurisdiction to entertain disputes concerning rented premises, as such jurisdiction is expressly conferred upon the Environment and Land Court by the Constitution and statute. The court, upon perusal of the record, found that the subject matter falls within the exclusive jurisdiction of the Environment and Land Court as established under Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act. Consequently, the High Court is divested of any authority to address the application before it and must defer the matter to the appropriate court.
Court Disposition
Application not determined for want of jurisdiction; file deferred to Environment and Land Court.
Orders
- The High Court declares lack of jurisdiction to address the application.
- The file is deferred to the Presiding Judge of the Environment and Land Court Division for appropriate directions.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COUR OF KENYA AT NAIROBI
CIVIL CASE NO. 130 OF 2013
ECONOMIC CO-OPERATIVE SOCIETY LIMITED …… PLAINTIFF
VERSUS
MAJEED M JASHO T/A “LAS AIR FLIGHT” .....………DEFENDANT
DIRECTIONS
This matter was set for delivery of the ruling today following an application dated 2nd January, 2017 lodged by the defendant. However, when I perused the record, with a view to preparing the ruling, I noticed this court may not have jurisdiction to deal with the subject matter in view of the provisions of Articles 162 (2) (b), 165 (5) (b) of the Constitution and Section 13 of the Environment and Land Court Act No. 19 of 2011. Those provisions confer Jurisdiction to deal with matters of rented premises upon the Land and Environment Court as established by law. The High Court is divested of any jurisdiction in that regard.
I therefore declare lack of jurisdiction to address the said application and defer this file to the Presiding Judge of the Environment and Land Court Division for appropriate directions.
Dated, signed and delivered at Nairobi this 29th day of November, 2018.
A. MBOGHOLI MSAGHA
JUDGE