[2013] KEHC 6711 (KLR)
The court determined that it lacked jurisdiction to hear and determine the present suit, which involves title to land and landlord-tenant issues, in light of Articles 162(2) and 165(5) of the Constitution of Kenya, 2010 and associated legislation. The court relied on its previous ruling in Nairobi HCCC No. 171 of...
Source-derived case information.
- Citation
- [2013] KEHC 6711 (KLR)
- Parties
- Plaintiff: Maria Lwande & 66 Others; Defendant: The Registered Trustees of Telposta Pension Scheme
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 215 of 2008
- Procedural Posture
- Civil Case / Directions on Jurisdiction and Transfer
- Outcome
- Suit transferred to the Environment and Land Court for disposal; costs in the cause.
- Judges
- DW Mbuteti
- Legal Topics
- Specific Performance, Jurisdiction, Transfer of Suit, Landlord Tenant Disputes
- 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
Maria Lwande & 66 Others
Plaintiff
The Registered Trustees of Telposta Pension Scheme
Defendant
Procedural Posture
Civil Case / Directions on Jurisdiction and Transfer
Legal Issues
- 1 Does the High Court have jurisdiction to hear and determine disputes involving title to land and landlord-tenant issues after the promulgation of the Constitution of Kenya, 2010?.
- 2 Should the present suit be transferred to the Environment and Land Court for determination?.
- 3 Can the court render a ruling on the pending notice of motion given the jurisdictional question?.
Ratio Decidendi
The court determined that it lacked jurisdiction to hear and determine the present suit, which involves title to land and landlord-tenant issues, in light of Articles 162(2) and 165(5) of the Constitution of Kenya, 2010 and associated legislation. The court relied on its previous ruling in Nairobi HCCC No. 171 of 2013, which held that such disputes are within the exclusive jurisdiction of the Environment and Land Court. Consequently, the court declined to render a ruling on the pending notice of motion and ordered the transfer of the suit to the Environment and Land Court for disposal.
Court Disposition
Suit transferred to the Environment and Land Court for disposal; costs in the cause.
Orders
- This case is hereby transferred to the Environment and Land Court for disposal.
- Costs will be in the cause.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL DIVISION
CIVIL CASE NO. 215 OF 2008
MARIA LWANDE & 66 OTHERS….............PLAINTIFFS
VERSUS
THE REGISTERED TRUSTEES OF
TELPOSTA PENSION SCHEME..............…DEFENDANT
D I R E C T I O N S
1. In this suit the Plaintiffs seek against the 1st Defendant the main relief of orders of specific performance of their respective sale agreements in respect to various houses situated in Nairobi. They also seek related orders. It appears that at some point the 2nd Defendant was joined in the proceedings. It is not apparent from the record if the plaint was amended following this addition of a defendant.
2. I cannot find on the record any defence filed by the 1st or 2nd Defendant. But there may be other volumes of this file not before me now. There are three volumes before me: one volume is marked ‘Vol. 1’, another one ‘Vol. 7’, while the third volume is not marked.
3. The suit was filed in the ELC Division of the High Court because that is where it belonged. It is not clear from the court record how the suit ended up in this Civil Division.
4. Be that as it may, this suit clearly does not belong to the High Court in view of Articles 162(2) and 165(5) of the Constitution of Kenya, 2010and associated legislation. The suit involves title to the suit lands the subject-matters of the suit. The 1st Defendant has claimed that the Plaintiffs are its tenants in the suit premises, and that is why it filed the notice of motion dated 25th October 2012which I heard on 9th July 2013, and which was to come up for ruling today. But even if the Plaintiffs were the 1st Defendant’s tenants in the suit properties, I have since held in a considered ruling dated 17th and delivered on 20th September 2013inNairobi HCCC No. 171 of 2013 (Civil Division), James Moses Thanu & Others – vs – Joseph M Muiruri (Unreported)that landlord and tenant disputes involve interests in land and that the High Court no longer has jurisdiction to hear and determine such disputes. They belong in the Environment and Land Court.
5. In these circumstances, I cannot render a ruling upon the notice of motion dated 25th October 2012. This case is hereby transferred to the Environment and Land Court for disposal. Costs will be in the cause. It is so ordered.
DATED AND SIGNED AT NAIROBI THIS 24TH DAY OF OCTOBER 2013
H. P. G. WAWERU
JUDGE
DELIVERED AT NAIROBI THIS 25TH DAY OF OCTOBER 2013