[2024] KEELC 1804 (KLR)
The court held that, based on binding Court of Appeal authority, disputes concerning mortgages and the exercise of a chargee's statutory power of sale do not fall within the jurisdiction of the Environment and Land Court. The court found that it lacked jurisdiction to entertain the suit and, as a result, struck out...
Source-derived case information.
- Citation
- [2024] KEELC 1804 (KLR)
- Parties
- Plaintiff: Andrew Michael Murimi Muriithi; Defendant: Sidian Bank Limited; Defendant: George Njoroge Muiruri t/a Phillip International Auctioneers
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Thika
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E001 of 2024
- Procedural Posture
- Environment and Land Case / Ruling on Jurisdiction
- Outcome
- suit struck out for want of jurisdiction
- Judges
- BM Eboso
- Legal Topics
- Jurisdiction of Environment and Land Court, Statutory Power of Sale, Mortgage Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andrew Michael Murimi Muriithi
Plaintiff
Sidian Bank Limited
Defendant
George Njoroge Muiruri t/a Phillip International Auctioneers
Defendant
Procedural Posture
Environment and Land Case / Ruling on Jurisdiction
Legal Issues
- 1 Does the Environment and Land Court have jurisdiction to hear disputes relating to the exercise of a chargee's statutory power of sale under a mortgage/charge?
- 2 Should the suit be struck out for want of jurisdiction?
Ratio Decidendi
The court held that, based on binding Court of Appeal authority, disputes concerning mortgages and the exercise of a chargee's statutory power of sale do not fall within the jurisdiction of the Environment and Land Court. The court found that it lacked jurisdiction to entertain the suit and, as a result, struck out the suit. Costs were awarded to the defendants in accordance with the Civil Procedure Act.
Court Disposition
suit struck out for want of jurisdiction
Orders
- The suit is struck out for want of jurisdiction.
- The plaintiff will bear the costs of the suit.
Full Case Text
Judgment text and source record
21 paragraphs
Muriithi v Sidian Bank Limited & another (Environment & Land Case E001 of 2024) [2024] KEELC 1804 (KLR) (26 March 2024) (Ruling)
Neutral citation: [2024] KEELC 1804 (KLR)
Republic of Kenya
In the Environment and Land Court at Thika
Environment & Land Case E001 of 2024
BM Eboso, J
March 26, 2024
Between
Andrew Michael Murimi Muriithi
Plaintiff
and
Sidian Bank Limited
1st Defendant
George Njoroge Muiruri t/a Phillip International Auctioneers
2nd Defendant
Ruling
1. I have read the pleadings in this suit. I have taken into account the parties submissions on the question of jurisdiction of the Environment and Land Court. The dispute in this suit relates to a charge. Through the suit, the plaintiff has challenged the 1st defendant’s exercise of the chargee’s statutory power of sale.
2. The Court of Appeal has, in a line of decisions, been unequivocal that disputes relating mortgages/ charges fall outside the jurisdiction of the Environment and Land Court. In the circumstances, it is clear that this court does not have jurisdiction to entertain this suit.
3. Consequently, the suit stands struck out. It is so ordered.
4. In line with section 2 of the Civil Procedure Act, the plaintiff will bear costs of the suit.
DATED, SIGNED AND DELIVERED VIRTUALLY AT THIKA ON THIS 26TH DAY OF MARCH 2024B M EBOSOJUDGEIn the presence of: -Mr Mudanya for the Plaintiff/ApplicantMr Maondo for the Defendant/RespondentCourt Assistant: Hinga