[2013] KEHC 6718 (KLR)
The High Court lacks jurisdiction to hear and determine landlord and tenant disputes that involve an interest in land. Such matters are within the exclusive jurisdiction of the Environment and Land Court. Consequently, the High Court cannot render a ruling on the Defendant's application for a temporary injunction,...
Source-derived case information.
- Citation
- [2013] KEHC 6718 (KLR)
- Parties
- Plaintiff: Joseph Kimani Njuguna; Defendant: Mohamed Ahmed Hassan
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 184 of 2013
- Procedural Posture
- Civil Case / Direction on Jurisdiction and Transfer
- Outcome
- case transferred to the Environment and Land Court for want of jurisdiction
- Judges
- DW Mbuteti
- Legal Topics
- Landlord Tenant Disputes, Jurisdiction, Injunctions
- 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
Joseph Kimani Njuguna
Plaintiff
Mohamed Ahmed Hassan
Defendant
Procedural Posture
Civil Case / Direction on Jurisdiction and Transfer
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine landlord and tenant disputes involving an interest in land.
- 2 Whether the Defendant is entitled to a temporary injunction to protect his claimed tenancy pending determination of the suit.
Ratio Decidendi
The High Court lacks jurisdiction to hear and determine landlord and tenant disputes that involve an interest in land. Such matters are within the exclusive jurisdiction of the Environment and Land Court. Consequently, the High Court cannot render a ruling on the Defendant's application for a temporary injunction, and the entire case must be transferred to the Environment and Land Court for determination. Costs are to be in the cause.
Court Disposition
case transferred to the Environment and Land Court for want of jurisdiction
Orders
- This case is hereby transferred to the Environment and Land Court to be dealt with in that Court.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL DIVISION
CIVIL CASE NO 184 OF 2013
JOSEPH KIMANI NJUGUNA ..........................................PLAINTIFF
VERSUS
MOHAMED AHMED HASSAN.......... ..............................DEFENDANT
D I R E C T I O N S
1. This suit is a landlord and tenant dispute. The main reliefs sought by the Plaintiff in the plaint dated 1th April 2012 are a declaration that the Defendant is a trespasser in the suit property, L.R. No. 36/II/197, Eastleigh, Nairobiand a permanent injunction to restrain the Defendant from “entering, working, constructing, trespassing...or otherwise interfering with the Plaintiff’s.....quiet enjoyment and occupation” of the land.
2. The Defendant has counterclaimed that he is a tenant of the Plaintiff in the suit premises. He has sought orders to protect his claimed tenancy until expiry thereof.
3. The Defendant applied by notice of motion dated 17th May 2012 for a temporary injunction to protect his claimed tenancy in the suit premises pending hearing and determination of the suit. The Plaintiff opposed the application. I heard the application on 23rd July 2013 and reserved ruling for 18th October 2013.
4. In the meantime however, in a considered ruling dated and delivered on 20th September 2013 in Nairobi HC (Civil Division) Civil Case No 171 of 2013, James Moses Thamu & Others – vs – Joseph M Muiruri (Unreported), I held that landlord and tenant disputes are disputes that involve an interest in land, and that the High Court no longer has jurisdiction to hear and determine such disputes. A copy of the ruling is attached.
5. That being the case I cannot render a ruling for the application by notice of motion dated 17th May 2013. In the circumstances this case is hereby transferred to the Environment and Land Court to be dealt with in that Court. Costs shall be in the cause. It is so ordered.
DATED AND SIGNED AT NAIROBI THIS 16TH DAY OF OCTOBER 2013
H. P. G. WAWERU
JUDGE
DELIVERED AT NAIROBI THIS 18TH DAY OF OCTOBER 2013