Abdul Azim v Rajabali Habib Ali [2021] KEELC 4646 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT NAROK

ELC NO. 17 OF 2020

ABDUL AZIM.........................................................................................PLAINTIFF

-VERSUS-

RAJABALI HABIB ALI......................................................................DEFENDANT

RULING

I have considered the application before me and the pleadings in respect of the entire suit and I find that even though the suit herein was in regard to a parcel of land known as Narok Cis Mara/Oleleshwa/585 the substratum of the same is based on the allegations of fraud with regard to the grant of Letters of Administration and pursuant to the provisions of section 13 of the Environment and Land Act I find that I lack jurisdiction to adjudicate on the same and I therefore order that the suit herein be transferred to the High Court Family Division for hearing and determination.

DATED, SIGNED and DELIVERED in open court at NAROK on this 18th day of January, 2021

Mohammed N. Kullow

Judge

18/01/2021

In the presence of:-

CA:Chuma

Mr Kiptoo for the applicant

N/A for the defendant

Mohamed N. Kullow

Judge

18/1/2021