Baker Street Investment Limited v Bernard K. Njau & 2 others [2013] KEHC 2440 (KLR)
- Court
- High Court of Kenya
- Case number
- 2440
- Citation
- [2013] KEHC 2440 (KLR)
- Decided
- 30 August 2013
The matter is transferred to the High Court of Kenya Environmental and Land Court Division for further orders and/or directions.
Facts
The Plaintiff filed a Plaint and Notice of Motion application seeking orders including certification of urgency, inquiry into damages, and security for damages. The Defendants filed a Chamber Summons application seeking a caveat to register the suit premises. Both applications were opposed by the Plaintiff.
Issues
- Defectiveness of the suit and application
- Incompetence and illegality of the Application
- Relevance and materiality of the Application
Reasoning
The court found the suit and applications to be defective and inappropriate for the Commercial and Admiralty Division. The matter involves environmental and land issues that should be handled by the Environmental and Land Court Division.
Outcome
The matter is transferred to the High Court of Kenya Environmental and Land Court Division
Orders
- The file is transferred to the High Court Environmental and Land Court Division
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