Lernard Ole Seme & 2 others v Equity Bank (Kenya) Limited [2019] KEELC 2273 (KLR)
- Court
- Environment & Land Court
- Case number
- 2273
- Citation
- [2019] KEELC 2273 (KLR)
- Decided
- 23 July 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureApplication for Injunction Transferred to Narok High CourtCoramMohammed Kullow
Holding
The court lacks jurisdiction to hear the application and transfers the case to Narok High Court.
Facts
The plaintiffs, Lernard Ole Seme, Petro Saruni Ole Koitaat, and Ntukusi Oi Olesai, are the owners of land parcel TRANS MARA/MOYOI/1159.1489 and 1690. The defendant, Equity Bank (Kenya) Limited, had charged the land to the plaintiffs for a loan disbursed to them, with a maximum interest rate of 23.99% per annum. The bank later varied the terms of the loan.
Issues
- Lack of jurisdiction of the Environment and Land Court to hear the commercial nature of the application.
- Transfer of the case to Narok High Court.
Reasoning
The predominant cause of action is of commercial nature and the court lacks jurisdiction to hear it. The case is transferred to Narok High Court.
Outcome
Application dismissed and case transferred to Narok High Court.
Orders
- Application for injunction against the defendant's statutory power of sale over the land parcel TRANS MARA/MOYOI/1159.1489 and 1690 is dismissed.
- Case transferred to Narok High Court for hearing and determination.
Authorities cited
Legislation (2)
- Land Act
- Articles 10, 19, 23, 27, and 47 of the Constitution of Kenya 2010
Cases cited (1)
- Republic -Versus- Karisa Chenge & Others (2017) EKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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