Thuo v Rambiti Farm Saw Mill Limited & another (Environment and Land Case E010 of 2022) [2025] KEELC 8602 (KLR) (10 December 2025) (Ruling)

Thuo v Rambiti Farm Saw Mill Limited & another (Environment and Land Case E010 of 2022) [2025] KEELC 8602 (KLR) (10 December 2025) (Ruling)

The suit property is located in Tana River County; therefore, the Environment and Land Court at Mombasa lacks territorial jurisdiction. The suit should be transferred to ELC Malindi, not struck out, and the plaintiff should bear the costs of the preliminary objection.

Citation
[2025] KEELC 8602 (KLR)
Parties
Plaintiff: Lois Wambui Thuo; 1st Defendant: Rambiti Farm Saw Mill Limited; 2nd Defendant: Land Registrar Mombasa
Court
Environment and Land Court
Jurisdiction
Kenya
Judgment Date
10 December 2025
Case Number
Environment and Land Case E010 of 2022
Procedural Posture
Preliminary Objection / Ruling
Outcome
preliminary objection upheld in part; suit transferred
Legal Topics
Territorial Jurisdiction, Transfer of Suit, Costs
Source Language
English
Civil Procedure Land Law Territorial Jurisdiction Transfer of Suit Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Lois Wambui Thuo

Plaintiff

Rambiti Farm Saw Mill Limited

1st Defendant

Land Registrar Mombasa

2nd Defendant

Procedural Posture

Preliminary Objection / Ruling

Legal Issues

  1. 1 Whether the court has territorial jurisdiction to hear and determine the suit
  2. 2 Whether the suit should be struck out or transferred
  3. 3 Who should bear the costs of the preliminary objection

Ratio Decidendi

The suit property is located in Tana River County; therefore, the Environment and Land Court at Mombasa lacks territorial jurisdiction. The suit should be transferred to ELC Malindi, not struck out, and the plaintiff should bear the costs of the preliminary objection.

Court Disposition

preliminary objection upheld in part; suit transferred

Orders

  • Suit transferred to ELC Malindi for hearing and determination.
  • Plaintiff to pay 1st defendant’s costs of the preliminary objection.