Bwana Mohamed Bwana v Registered Trustees Kenya Ports Authority Pension Scheme [2021] KEELC 3260 (KLR)

Facts

The Plaintiff filed a suit against the Defendant, a pension scheme, seeking orders to vary and set aside the transfer of the suit to the Environment & Land Court. The Defendant sought to strike out the Plaintiff's suit on the grounds of lack of jurisdiction over land matters and disputes between a pension scheme and its members.

Issues

1. Whether the High Court has jurisdiction to hear and determine the application as brought by the Defendant/Applicant.
2. Whether the High Court lacked jurisdiction over disputes between a pension scheme and its members.

Reasoning

The Court found that it lacked jurisdiction over the matter as the matter was that of use and occupation of land, which vested exclusive jurisdiction to the Environment and Land Court. The Court dismissed the application as the Plaintiff/Respondent had already pronounced itself on the jurisdictional question in a Ruling that was now the subject of Appeal.

Outcome

Application dismissed.

Authorities cited