Marcella Omwenga v Kwame Investments Limited & 5 others [2020] KEELC 3763 (KLR)
- Court
- Environment & Land Court
- Case number
- 3763
- Citation
- [2020] KEELC 3763 (KLR)
- Decided
- 30 January 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a duplicate suitCoramB M Ebose
Holding
The suit is struck out as there is a prior suit by the plaintiff relating to the same cause of action in the Chief Magistrate Court (CMCC).
Facts
The plaintiff purchased land parcels in Nairobi, Kenya, and alleged that the defendants fraudulently obtained titles to the land. She brought a duplicate suit in the Environment and Land Court (ELC) against the defendants.
Issues
- Jurisdiction of the Environment and Land Court
- Cancellation of titles
Reasoning
The court found that the plaintiff had already brought a suit in the CMCC, and the jurisdiction of the ELC was not applicable due to the divestment of magistrate courts' land dispute jurisdiction by the Constitution of Kenya 2010.
Outcome
The suit is dismissed.
Orders
- The suit is struck out.
- Each party shall bear their own costs.
Authorities cited
Legislation (1)
- Constitution of Kenya 2010
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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