[2015] KEHC 4781 (KLR)
The court found that the dispute arose from a failed contract for the sale of land, specifically regarding parcels L.R. 209/11828 and L.R. 209/11822, and the Plaintiff's claim for refund of the purchase price was directly linked to the land transaction. By virtue of Section 13(2)(d) of the Environment and Land Court...
Source-derived case information.
- Citation
- [2015] KEHC 4781 (KLR)
- Parties
- Plaintiff: Wild Elegance Fashions Limited; Defendant: Stephen Kinyanjui Mburu; Defendant: Matic General Contractors Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 487 of 2012
- Procedural Posture
- Civil Suit / Ruling on Jurisdictional Objection and Transfer
- Outcome
- suit transferred for want of jurisdiction
- Legal Topics
- Jurisdiction of Courts, Transfer of Suits, Land Sale Contracts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wild Elegance Fashions Limited
Plaintiff
Stephen Kinyanjui Mburu
Defendant
Matic General Contractors Limited
Defendant
Procedural Posture
Civil Suit / Ruling on Jurisdictional Objection and Transfer
Legal Issues
- 1 Whether the High Court has jurisdiction to hear a dispute arising from a failed land sale contract.
- 2 Whether the suit should be transferred to the Environment and Land Court.
Ratio Decidendi
The court found that the dispute arose from a failed contract for the sale of land, specifically regarding parcels L.R. 209/11828 and L.R. 209/11822, and the Plaintiff's claim for refund of the purchase price was directly linked to the land transaction. By virtue of Section 13(2)(d) of the Environment and Land Court Act and the practice directions issued on 9th November 2012, the matter falls within the exclusive jurisdiction of the Environment and Land Court. The High Court, therefore, lacks jurisdiction to entertain the suit and must transfer it to the appropriate forum. The court accordingly declined jurisdiction and ordered the transfer of the suit to the Environment and Land Court...
Court Disposition
suit transferred for want of jurisdiction
Orders
- This court has no jurisdiction to hear this matter and downs its tools.
- This suit is transferred to the Environment and Land Court for hearing and determination.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL SUIT NO. 487 OF 2012
WILD ELEGANCE FASHIONS LIMITED................................PLAINTIFF
VERSUS
STEPHEN KINYANJUI MBURU
MATIC GENERAL CONTRACTORS LIMITED...............DEFENDANTS
RULING
1. The dispute between the Plaintiff and the Defendants is an amount of money alleged to be lost in a purported sale of various pieces of land alleged to be non-existent. When this matter came up on 5th March, 2015, Mr. Amolo learned counsel for the Defendants sentimented that this matter could be best handled by the Land and Environment Court since the contract arose out of a Land transaction. Once a question of jurisdiction is raised, this court is obliged to decide the issue.
2. The Respondent on this point cited Owners of the Motor Vessel “Lilian S” Caltex Oil (Kenya) Ltd (1989) KLR 1 as referred to in Republic v. Chairman, Uasin Gishu Land Disputes Tribunal & 2 Others, Kaptich Arap Morogo Ex parte (2014) eKLR. Where it was stated:-
“Jurisdiction is everything. Without it, a court has no power to make one more step.” Any decision, however well reasoned, made out of jurisdiction is a nullity and cannot be given effect.”
3. The Plaintiff's claim is for KShs. 24,220,000/= alleged to have been paid to the Defendants on account of purported sales of various pieces of land being L.R. 209/11828 and L.R. 209/11822 which the Plaintiff claims was later found to be non- existent. It was the Plaintiff's claim that the Defendants were unable to complete the transactions and had no titles to the parcels of land but refused to refund the money. Among the orders sought were:-
KShs. 24,220,000/= being the amount paid pursuant to the agreement for sale of the suit properties and acknowledged by the Defendants.
Interest on (a) above at 20% being the prevailing commercial rate from the date of filing suit until payment in full.
4. It is thereby important to discuss the scope of the Environment and Land Court vis a vis the pleadings herein. Section 13 (2)(d) of the Environment and Land Act is to the effect that the Environment and Land court shall have the power to hear and determine disputes relating to public, private and community and contracts, choses in action or other instruments granting any enforceable interests in land. The action herein having arisen from a failed contract of land transaction squarely falls within the jurisdiction of the Environment and Land Court. The hearing of this case has not commenced, therefore as per the practice directions of 9th November, 2012 vide Gazette Notice No. 16268, this suit should be transferred to the Environment and Land Court. I thereby make the following orders:-
That this court has no jurisdiction to hear this matter and herein downs its tools.
This suit be transferred to the Environment and Land Court for hearing and determination.
Orders accordingly.
Dated, Signed and Delivered in open court this 8th day of May, 2015.
J. K. SERGON
JUDGE
In the presence of:
Kaka h/b for Nyaaga for the Plaintiff
N/A for the Defendants