Alhussein & 3 others v Farooq; Kubby (Interested Party) (Environment and Land Miscellaneous Case E049 of 2025) [2025] KEELC 8631 (KLR) (11 December 2025) (Ruling)

Alhussein & 3 others v Farooq; Kubby (Interested Party) (Environment and Land Miscellaneous Case E049 of 2025) [2025] KEELC 8631 (KLR) (11 December 2025) (Ruling)

A miscellaneous application and accompanying summons are not legally recognised as an originating process for transfer of property; the application is incurably defective and must be struck out.

Citation
[2025] KEELC 8631 (KLR)
Parties
Applicant: Hamida Alhussein; Applicant: Najmuddin Hassan Mohamedali; Applicant: Moitz Noorbhai; Applicant: Zehrabha Teheriali; Respondent: Kurshee Farooq; Interested Party: Omar Abeid Kubby
Court
Environment and Land Court
Jurisdiction
Kenya
Judgment Date
11 December 2025
Case Number
Environment and Land Miscellaneous Case E049 of 2025
Procedural Posture
Miscellaneous Application / Ruling on Preliminary Objection
Outcome
application struck out
Legal Topics
Originating Process, Transfer of Property, Miscellaneous Application, Preliminary Objection
Source Language
English
Civil Procedure Land Law Originating Process Transfer of Property Miscellaneous Application Preliminary Objection

Case Brief

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Parties

Hamida Alhussein

Applicant

Najmuddin Hassan Mohamedali

Applicant

Moitz Noorbhai

Applicant

Zehrabha Teheriali

Applicant

Kurshee Farooq

Respondent

Omar Abeid Kubby

Interested Party

Procedural Posture

Miscellaneous Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the miscellaneous application is a proper originating process for transfer of property
  2. 2 Whether the court can compel the respondent to sign transfer without a substantive suit

Ratio Decidendi

A miscellaneous application and accompanying summons are not legally recognised as an originating process for transfer of property; the application is incurably defective and must be struck out.

Court Disposition

application struck out

Orders

  • Miscellaneous Application dated 16th June 2025 struck out with costs to the Respondent