Sure Auctioneers v Ahmed (In the Matter Arising from Instructions for Distress for Rent Dated 19th April, 2016); Lualenyi Ranching Co. Ltd (Landlord); Ahmed (Tenant) (Miscellaneous Civil Application 260 of 2019) [2022] KEHC 17079 (KLR) (15 July 2022) (Ruling)
- Court
- High Court of Kenya
- Case number
- 17079
- Citation
- [2022] KEHC 17079 (KLR)
- Decided
- 15 July 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureRespondent seeks to set aside orders and strike out bill of costsCoramMN MWANGI
Holding
The High Court has no jurisdiction over the matter and the notice of motion is struck out
Facts
The applicant, Sure Auctioneers, sought distress for rent on behalf of the landlord, Lualenyi Ranching Co Ltd, against the tenant, Ibrahim Somow Ahmed. The tenant challenged the distress in a separate ELC case.
Issues
- Jurisdiction of the High Court
- Set aside orders and strike out bill of costs
Reasoning
The matter falls under the jurisdiction of the Environment and Land Court as per section 13(7)(i) of the Environment and Land Act. The High Court cannot transfer cases from one court to another when they lack jurisdiction.
Outcome
The notice of motion is struck out
Orders
- The notice of motion dated September 27, 2019 is struck out
- The costs of the application dated September 27, 2019 are awarded to Sure Auctioneers
Authorities cited
Legislation (3)
- Civil Procedure Act
- Auctioneers Rules, 2009
- Environment and Land Court Act, 2011
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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