[2018] KEHC 2822 (KLR)
The High Court found that, pursuant to Article 162(2) of the Constitution and the Environment and Land Court Act, it lacks jurisdiction to address and determine the present matter, which concerns land and environment issues. The court held that the proper forum for the determination of such matters is the...
Source-derived case information.
- Citation
- [2018] KEHC 2822 (KLR)
- Parties
- Plaintiff: Gitere Kahura Investments Ltd; Defendant: Samuel Mundti Gatabaki; Defendant: Nancy Wanja Gatabaki
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 2752 of 1982
- Procedural Posture
- Civil Case / Preliminary Objection Ruling
- Outcome
- Transferred to Environment and Land Court for directions; High Court declined jurisdiction.
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Jurisdiction, Transfer of Suit, Environment and Land Court, Constitutional Mandate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gitere Kahura Investments Ltd
Plaintiff
Samuel Mundti Gatabaki
Defendant
Nancy Wanja Gatabaki
Defendant
Procedural Posture
Civil Case / Preliminary Objection Ruling
Legal Issues
- 1 Whether the High Court has jurisdiction to determine the matter in light of Article 162(2) of the Constitution and the Environment and Land Court Act.
- 2 Whether the matter should be transferred to the Environment and Land Court.
Ratio Decidendi
The High Court found that, pursuant to Article 162(2) of the Constitution and the Environment and Land Court Act, it lacks jurisdiction to address and determine the present matter, which concerns land and environment issues. The court held that the proper forum for the determination of such matters is the Environment and Land Court. Consequently, the High Court declined to exercise jurisdiction and directed that the file be placed before the Presiding Judge of the Environment and Land Court for appropriate directions regarding the hearing of the application.
Court Disposition
Transferred to Environment and Land Court for directions; High Court declined jurisdiction.
Orders
- The file shall be placed before the Presiding Judge of the Environment and Land Court on 5th November, 2018 for appropriate directions.
- Counsel on record are informed of the transfer and priority status of the matter.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL CASE NO. 2752 OF 1982
GITERE KAHURA INVESTIMENTS LTD ....................................PLAINTIFF
VERSUS
SAMUEL MUNDTI GATABAKI ..........................................1ST DEFENDANT
NANCY WANJA GATABAKI ..............................................2ND DEFENDANT
DIRECTIONS
This matter was listed for ruling today following a Notice of Preliminary Objection filed by the plaintiff/respondent herein. While preparing to write the ruling I perused the original pleadings resting with the decree made on 3rd October, 1985 and issued on 20th January, 1987.
Having done so, I related the entire record to provisions of Article 162 (2) of the Constitution and The Environment and Land Court Act No. 19 of 2011, and in particular Sections 13 and 30 thereof. The foregoing provisions of law, I believe, divest this court of any jurisdiction to address and determine the matter .Informed by the said provisions of law, I find the correct court to deal with this matter is Environment and Land Court.
Accordingly, I decline to exercise any action herein and direct that this file shall be placed before the Presiding Judge of the Environment and Land Court on 5th November, 2018 for appropriate directions as to the hearing of the application herein.
I note that this is one of the oldest cases in our court and priority should be accorded to any steps that shall be taken hereinafter. Counsel on record are accordingly informed.
Dated, signed and delivered at Nairobi this 1st day of November, 2018.
A.MBOGHOLI MSAGHA
JUDGE