[2022] KEELC 15431 (KLR)
The court found that the claims in the plaint, specifically refund of deposits, general damages for breach of agreement, and reimbursement of monies, do not fall within the jurisdiction of the Environment and Land Court as defined by Article 162(2)(b) of the Constitution and Section 13(2)(a) of the Environment and...
Source-derived case information.
- Citation
- [2022] KEELC 15431 (KLR)
- Parties
- Plaintiff: Eunice Wambui Ndiang’ui; Defendant: Pinnacle Developers Limited; Defendant: NCBA Bank Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E008 of 2022
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- Application dismissed for want of jurisdiction; parties directed to file the appeal at the High Court.
- Judges
- MN Gicheru
- Legal Topics
- Jurisdiction of Court, Stay of Execution, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eunice Wambui Ndiang’ui
Plaintiff
Pinnacle Developers Limited
Defendant
NCBA Bank Limited
Defendant
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the Environment and Land Court has jurisdiction to hear and determine the application for stay of execution relating to claims not involving land.
- 2 Whether the orders sought in the plaint fall within the jurisdiction of the Environment and Land Court.
Ratio Decidendi
The court found that the claims in the plaint, specifically refund of deposits, general damages for breach of agreement, and reimbursement of monies, do not fall within the jurisdiction of the Environment and Land Court as defined by Article 162(2)(b) of the Constitution and Section 13(2)(a) of the Environment and Land Court Act. Since the dispute did not concern the environment, use, occupation, or title to land, the court lacked jurisdiction to entertain the appeal or grant the orders sought. The proper forum for such claims is the High Court, not the Environment and Land Court. Accordingly, the court directed that the appeal be filed at the High Court and declined to entertain the...
Court Disposition
Application dismissed for want of jurisdiction; parties directed to file the appeal at the High Court.
Orders
- The Environment and Land Court lacks jurisdiction to entertain the appeal.
- The appeal to be filed at the High Court.
Full Case Text
Judgment text and source record
23 paragraphs
Ndiang’ui v Pinnacle Developers Limited & another (Environment & Land Case E008 of 2022) [2022] KEELC 15431 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEELC 15431 (KLR)
Republic of Kenya
In the Environment and Land Court at Kajiado
Environment & Land Case E008 of 2022
MN Gicheru, J
December 20, 2022
Between
Eunice Wambui Ndiang’ui
Plaintiff
and
Pinnacle Developers Limited
1st Defendant
NCBA Bank Limited
2nd Defendant
(Being an application for stay of execution of the ruling dated January 27, 2022 by Honourable Becky Cheloti and the resultant orders and any subsequent proceedings in ELC Case No 31 of 2021, Eunice Wambui Ndiang’ui v Pinnacle Developers Limited and NCBA Bank Limited)
Ruling
1. This ruling is on notice of motion dated February 9, 2022. It is by the appellant NCBA Bank Limited and seeks a stay of execution of the ruling dated January 27, 2022 by Honourable Becky Cheloti and the resultant orders and any subsequent proceedings in ELC Case No 31 of 2021, Eunice Wambui Ndiang’ui v Pinnacle Developers Limited and NCBA Bank Limited pending the hearing and final determination of the impending appeal.
2. Before I delve any further into the current application, I wish to state that I have looked at the plaint dated February 5, 2021 particularly at paragraph 24 (a) to (h). I find that there is no claim for land.
3. Under article 162 (2) (b) of the Constitution, the jurisdiction of this court is limited to the hearing and determination of disputes to “environment and use and occupation of, and title to, land.”Section 13 2 (a) of the Environment and Land Court Act further defines the jurisdiction of the Environment and Land Court. It does not include the prayers in paragraph 24 of the plaint which are refund of deposits, general damages for breach of agreement and the reimbursements of Kenya shillings and US dollars.
4. Jurisdiction is the first test that a court or tribunal must address before it embarks on its decision making function and it its absence disqualifies itself from determining the question before it. See Joseph Njuguna Mwaura and 2 others v Republic [2013] eKLR (Nairobi Court of Appeal).
5. In this case, it is clear that this court lacks jurisdiction to entertain the appeal. Consequently, I direct that the appeal be filed at the High Court.It is so ordered.
DATED SIGNED AND DELIVERED VIRTUALLY AT KAJIADO THIS 20TH DAY OF DECEMBER, 2022. MN GICHERUJUDGE