[2018] KEHC 1827 (KLR)
The High Court determined that it lacks jurisdiction to hear and determine the dispute, which relates to rental proceeds and thus falls within the exclusive jurisdiction of the Environment and Land Court as provided by the Constitution and statute. Consequently, the court cannot render any decision on the...
Source-derived case information.
- Citation
- [2018] KEHC 1827 (KLR)
- Parties
- Plaintiff: Vision Institute of Proffessionals Ltd; Defendant: Allgate Limited; Defendant: Another
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 99 of 2018
- Procedural Posture
- Civil Case / Ruling on Application for Judgment on Admission and Jurisdictional Review
- Outcome
- Application not determined on merits; suit and application transferred to Environment and Land Court for hearing and disposal.
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Jurisdiction of Court, Rental Disputes, Transfer of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vision Institute of Proffessionals Ltd
Plaintiff
Allgate Limited
Defendant
Another
Defendant
Procedural Posture
Civil Case / Ruling on Application for Judgment on Admission and Jurisdictional Review
Legal Issues
- 1 Whether the High Court has jurisdiction to entertain the dispute relating to rental proceeds between the parties.
- 2 Whether the application for judgment on admission can be determined by this court.
Ratio Decidendi
The High Court determined that it lacks jurisdiction to hear and determine the dispute, which relates to rental proceeds and thus falls within the exclusive jurisdiction of the Environment and Land Court as provided by the Constitution and statute. Consequently, the court cannot render any decision on the substantive application or the suit itself and must transfer the file to the appropriate court for hearing and disposal.
Court Disposition
Application not determined on merits; suit and application transferred to Environment and Land Court for hearing and disposal.
Orders
- This file is transferred to the Environment and Land Court Division for hearing and disposal.
- Status quo shall be maintained until directions are given by the Presiding Judge of the Environment and Land Court Division.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL CASE NO. 99 OF 2018
VISION INSTITUTE OF PROFFESSIONALS LTD.....PLAINTIFF
VERSUS
ALLGATE LIMITED AND ANOTHER...............DEFFENDANTS
RULING
By an application dated 30th July, 2018 the defendants /applicants seek leave of the court to enter judgment on admission by the plaintiff in the sum of Kshs. 14,206,382. 67 plus costs. The reasons for seeking that order are set out on the face of the application alongside the supporting affidavit sworn by one George Wachira the Senior Legal Officer of the 1st defendant. The application is opposed and replying affidavits have been filed on behalf of the defendants. Both counsel have filed submissions to address the application.
It is clear from the reading of the pleadings and all the material placed before the court that the dispute herein relates to rental proceeds said to be owed by the plaintiff to the defendants. In the process of preparing this ruling, it transpired that this court may not have jurisdiction to entertain, not only this suit but also the application herein. I have referred to Articles 162 (2), 165 (5) of the Constitution and Section 13 of the Environment and Land Court Act No. 19 of 2011.
Having done so, it is clear this court is divested of any jurisdiction to handle this dispute. I am therefore unable to render any decision related thereto and order that this file be transferred to Environment and Land Court Davison for hearing and disposal. Counsel on record did not raise this issue and therefore none of the parties shall take advantage of the situation. That being the case, status quo shall be maintained until such time the directions are given by the Presiding Judge of the Environment and Land Court Division.
Dated, signed and delivered at Nairobi this 19th day of December, 2018.
A. MBOGHOLI MSAGHA
JUDGE