AWG v DNK & another; Gichaga (Interested Party) (Environment & Land Petition 4 of 2022) [2024] KEELC 6402 (KLR) (26 September 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 6402
- Citation
- [2024] KEELC 6402 (KLR)
- Decided
- 26 September 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEnvironment and Land PetitionPosturePetitioner's application for transfer of suit to family division of High CourtCoramLN MBUGUA
Holding
The application is dismissed with costs to the Interested Party.
Facts
The Petitioner claims ownership of Nairobi Block 1x0/1x, which she purchased with her deceased husband. The 1st Respondent is deceased, and the 2nd Respondent is a company where the Petitioner holds 30% shareholding. The Interested Party is a director and majority shareholder of the 2nd Respondent.
Issues
- Whether the suit should be transferred to the family division of the High Court on the basis that the subject property is matrimonial property.
- Jurisdiction of the Environment and Land Court over the dispute.
Reasoning
The court's jurisdiction is derived from the Constitution and the ELC Act. The matter was previously heard in the High Court, and the Judge held that the dispute relates to the occupation of land and the High Court cannot exercise jurisdiction. The Petitioner's claim for transfer is not merited as pleadings have not been amended.
Outcome
Dismissed
Orders
- Application for transfer of suit to family division of High Court dismissed
Authorities cited
Legislation (2)
- Article 162 (2) and (3) of the Constitution of Kenya
- Section 13 (2) of the ELC Act No. 19 of 2011
Cases cited (2)
- B W M v J M C [2018] eKLR
- Co-operative Bank of Kenya Limited case
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.
Loading judgment…