Economic Co-operative Society Limited v Majeed M Jasho t/a “Las Air Flight” [2018] KEHC 9789 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COUR OF KENYA AT NAIROBI

CIVIL CASE NO. 130 OF 2013

ECONOMIC CO-OPERATIVE SOCIETY LIMITED …… PLAINTIFF

VERSUS

MAJEED M JASHO T/A “LAS AIR FLIGHT” .....………DEFENDANT

DIRECTIONS

This matter was set for delivery of the ruling today following an application dated 2nd January, 2017 lodged by the defendant.  However, when I perused the record, with a view to preparing the ruling, I noticed this court may not have jurisdiction to deal with the subject matter  in view of  the provisions of Articles 162 (2) (b), 165 (5) (b) of the Constitution and Section 13 of the Environment and Land Court Act No. 19 of 2011.  Those provisions confer Jurisdiction to deal with matters of rented premises upon the Land and Environment Court as established by law.  The High Court is divested of any jurisdiction in that regard.

I therefore declare lack of jurisdiction to address the said application and defer this file to the Presiding Judge of the Environment and Land Court Division for appropriate directions.

Dated, signed and delivered at Nairobi this 29th day of November, 2018.

A. MBOGHOLI MSAGHA

JUDGE