Smith & another v Kenya Deposit Insurance Corporation (As receiver of Chase Bank Limited) & another (Civil Appeal E022 of 2022) [2025] KECA 294 (KLR) (21 February 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 294
- Citation
- [2025] KECA 294 (KLR)
- Decided
- 21 February 2025
The Environment and Land Court had jurisdiction to determine the dispute before it.
Facts
The appellants, Donald Earle Smith and Sonal Smith, are the registered owners of the suit properties (Titles Nos. Gede/Kijipwa B/56 and 57) in Kili County. They applied for a loan facility from Chase Bank Kenya Limited (under receivership) through their personal bank account. The 1st respondent, Kenya Deposit Insurance Corporation (as receiver of Chase Bank Limited), and the 2nd respondent, William Osiemo T/A William Auctioneers, were involved in the dispute.
Issues
- whether the Environment and Land Court had jurisdiction to hear the dispute
- whether leave ought to have been sought prior to filing the pleadings
- whether misjoinder of a party was fatal to the suit
Reasoning
The Court held that the Environment and Land Court had jurisdiction to hear disputes related to environmental planning, land use, title, tenure, and other matters under Article 162(2) of the Constitution and Section 13(1) of the Environment and Land Court Act.
Outcome
Affirmed
Orders
- The appeal is allowed
- The cross appeal is dismissed
- The suit is dismissed as the ELC did not have jurisdiction to hear the dispute
Authorities cited
Legislation (1)
- Environment and Land Court Act, Cap 8D
Cases cited (4)
- Owners of The Motor Vessel “Lillian S vs. Caltex Oil (Kenya) Ltd (1989) KECA 48 (KLR)
- Samuel Kamau Macharia vs. Kenya Commercial Bank & 2 Others (2017) eKLR
- Co-operative Bank of Kenya Limited vs. Patrick Kangethe Njuguna (supra)
- Bank of Africa Kenya Limited & another vs. TSS Investment Limited & 2 Others (2024) KECA 410 (KLR)
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