Elena Medicare Home Limited v Charles Lutta Kasamani & 12 others [2021] KEELC 3870 (KLR)
- Court
- Environment & Land Court
- Case number
- 3870
- Citation
- [2021] KEELC 3870 (KLR)
- Decided
- 18 March 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an order of the Environment and Land Court at KisumuCoramANTONY OMBWAYO
Holding
The court lacks jurisdiction to hear and determine the commercial dispute and the matter is sent back to the High Court of Kenya at Kisumu for determination.
Facts
Elena Medicare Home Ltd filed an originating summons against Charles Luta Kasamani T/a Kasamani & Co. Advocates for orders related to the sub-division of land and the sale of plots.
Issues
- Jurisdiction of the Environment and Land Court
- Irregularity of Plaintiff's Advocates on record
Reasoning
The dispute is purely commercial and does not revolve on title, ownership or use of land. The court finds it lacks jurisdiction.
Outcome
The matter is sent back to the High Court of Kenya at Kisumu for determination.
Orders
- The matter is sent back to the High Court of Kenya at Kisumu for determination.
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Advocates Act
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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