Gitere Kahura Investiments Ltd v Samuel Mundti Gatabaki & Nancy Wanja Gatabaki [2018] KEHC 2822 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CIVIL CASE NO. 2752 OF 1982

GITERE KAHURA INVESTIMENTS LTD ....................................PLAINTIFF

VERSUS

SAMUEL MUNDTI GATABAKI ..........................................1ST DEFENDANT

NANCY WANJA GATABAKI ..............................................2ND DEFENDANT

DIRECTIONS

This matter was listed for ruling today following a Notice of Preliminary Objection filed by the plaintiff/respondent herein. While preparing to write the ruling  I perused the original pleadings resting with the decree made on 3rd October, 1985 and issued on 20th January, 1987.

Having done so, I related the entire record to provisions of Article 162 (2) of the Constitution and The Environment and Land Court Act No. 19 of 2011, and in particular Sections 13 and 30 thereof.  The foregoing provisions of law, I believe, divest this court of any jurisdiction  to address and determine the matter .Informed by the said provisions of law, I find the correct court to deal with this matter is Environment and Land Court.

Accordingly, I decline to exercise any action herein and direct that this file shall be placed before the Presiding Judge of the Environment and Land Court on 5th November, 2018 for appropriate directions as to the hearing of the application herein.

I note that this is one of the oldest cases in our court and  priority should be accorded to any steps that shall be taken hereinafter.  Counsel on record  are accordingly informed.

Dated, signed and delivered at Nairobi this 1st day of November, 2018.

A.MBOGHOLI MSAGHA

JUDGE