[2020] KEHC 501 (KLR)
The High Court determined that it lacked jurisdiction to hear and determine the ex parte Applicant’s Chamber Summons because the dispute concerned the use and occupation of business premises, a matter reserved for the Environment and Land Court under the Constitution and the Environment and Land Court Act....
Source-derived case information.
- Citation
- [2020] KEHC 501 (KLR)
- Parties
- Applicant: Republic; Respondent: Jonah H Kariuki t/a Moran Auctioneers; Respondent: Verity Management Ltd; Respondent: Chief Magistrate's Court Milimani Commercial Law Courts; Applicant: Symon Thuo Gachahi Muhia
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application E076 of 2020
- Procedural Posture
- Judicial Review Miscellaneous Application / Ruling on Jurisdiction and Transfer
- Outcome
- suit transferred to the Environment and Land Court for want of jurisdiction
- Judges
- P Nyamweya
- Legal Topics
- Jurisdiction of Environment and Land Court, Landlord Tenant Disputes, Judicial Review Transfer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Jonah H Kariuki t/a Moran Auctioneers
Respondent
Verity Management Ltd
Respondent
Chief Magistrate's Court Milimani Commercial Law Courts
Respondent
Symon Thuo Gachahi Muhia
Applicant
Procedural Posture
Judicial Review Miscellaneous Application / Ruling on Jurisdiction and Transfer
Legal Issues
- 1 Whether the High Court has jurisdiction to hear and determine disputes relating to use and occupation of business premises arising from a rent dispute between landlord and tenant.
- 2 Whether the application should be transferred to the Environment and Land Court.
Ratio Decidendi
The High Court determined that it lacked jurisdiction to hear and determine the ex parte Applicant’s Chamber Summons because the dispute concerned the use and occupation of business premises, a matter reserved for the Environment and Land Court under the Constitution and the Environment and Land Court Act. Consequently, the court ordered the transfer of the suit to the Environment and Land Court at Nairobi for further hearing and determination, ensuring that the matter would be handled by the court with the appropriate jurisdiction.
Court Disposition
suit transferred to the Environment and Land Court for want of jurisdiction
Orders
- This suit is hereby transferred to the Environment and Land Court at Nairobi for further hearing and determination.
- The ex parte Applicants’ Chamber Summons dated 14th December 2020 shall be placed before the Duty Judge at the Environment and Land Court at Nairobi on 30th December 2020 for directions.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
JUDICIAL REVIEW MISC. APPLICATION NO. MISC E076 OF 2020
BETWEEN
REPUBLIC..................................................................................................................................APPLICANT
VERSUS
JONAH H KARIUKI T/AMORAN AUCTIONEERS......................................................1ST RESPONDENT
VERITY MANAGEMENT LTD.........................................................................................2NDRESPONDENT
CHIEF MAGISTRATE 'S COURT MILIMANI COMMERCIAL LAW COURTS ......3RDRESPONDENT
EXPARTE APPLICANTS: SYMON THUO GACHAHI MUHIA
RULING
1. The ex parte Applicant herein has filed an application by way of a Chamber Summons dated 14th December 2020 seeking the following orders:
1. That this matter be certified urgent
2. That the leave be granted for the applicant to apply for:
a. An order of judicial review of certiorari to remove into this Court and quash as against the applicant herein the proceedings of the Chief Magistrate's Court in Misc Case Number E2971 of 2020 .
b. An order of judicial review of prohibition directed towards the respondent prohibiting them from illegally and unprocedurally attaching, levying distress or removing the ex parte Applicant's items from his offices pending the hearing and determination of the matter in the Business Premises Rent Tribunal.
c. An order for judicial Review of prohibition, prohibiting the 1st – 3rd Respondents from evicting, harassing, limiting or denying the ex parte applicant access to his offices located in Soin Arcade building pending the hearing and determination of this matter.
d. That the leave so granted to operate as a stay of the proceedings in E2971/2020, against the applicant herein, pending before the Chief Magistrate Milimani Commercial Court.
e. That the cost of this application be provided for.
2. The application is supported by a statutory statement and an affidavit sworn on 14th December 2020 by the ex parte Applicant.
3. It is evident that the ex parte Applicant is seeking orders in relation to the use and occupation of his business premises arising out of a rent dispute with his landlord. of land, and environmental impacts thereof in the said application. Any disputes and orders sought in relation to title, use and occupation of land, including between landlords and tenants now fall within the exclusive and supervisory jurisdiction of the Environment and Land Court, pursuant to Articles 162(2) (b) and 165(5) of the Constitution, and section 13 of the Environment and Land Court Act. This Court therefore has no jurisdiction to hear and determine the ex parte Applicant’s Chamber Summons dated 14th December 2020.
The Orders
4. In the premise I direct and order that this suit be and is hereby transferred to the Environment and Land Court at Nairobi for further hearing and determination. The ex parte Applicants’ Chamber Summons dated 14th December 2020 shall accordingly be placed before the Duty Judgeat theEnvironment and Land Court at Nairobi on 30th December2020, for directions.
5. The Deputy Registrar of this Court shall send a copy of this ruling by electronic mail to the ex parte Applicant, and to the Deputy Registrar of the Environment and Land Court at Nairobi, by close of business on 23rd December 2020.
6. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 21ST DAY OF DECEMBER 2020
P. NYAMWEYA
JUDGE