Mbarak Awadh Said v Swahiba Rashid Bassamy [2016] KEHC 2086 (KLR)

Facts

The Plaintiff filed a suit seeking an order of permanent injunction to restrain the Defendant from interfering with the tenants and rebuilding and renovation of the premises. The Defendant filed a separate suit in the Magistrate's Court (CMCC 731/16) seeking an order to compel the Plaintiff to give vacant possession of the property and demolish permanent structures.

Issues

1. Whether CMCC 731 of 2016 is subjudice this case and should be stayed
2. Whether the Magistrate's Court has jurisdiction to entertain Suit No 731 of 2016

Reasoning

The two suits involve the same parties and subject matter, and proceeding in parallel would waste judicial time. The Magistrate's Court does not have jurisdiction to handle environment and land matters, and the orders issued in CMCC 731 of 2016 are null and void.

Outcome

Application successful

Authorities cited