Joseph Kimani Njuguna v Mohamed Ahmed Hassan [2013] KEHC 6718 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CIVIL DIVISION

CIVIL CASE NO 184 OF 2013

JOSEPH KIMANI NJUGUNA ..........................................PLAINTIFF

VERSUS

MOHAMED AHMED HASSAN.......... ..............................DEFENDANT

D I R E C T I O N S

1.     This suit is a landlord and tenant dispute.  The main reliefs sought by the Plaintiff in the plaint dated 1th April 2012 are a declaration that the Defendant is a trespasser in the suit property, L.R. No. 36/II/197, Eastleigh, Nairobiand a permanent injunction to restrain the Defendant from “entering, working, constructing, trespassing...or otherwise interfering with the Plaintiff’s.....quiet enjoyment and occupation” of the land.

2.     The Defendant has counterclaimed that he is a tenant of the Plaintiff in the suit premises.  He has sought orders to protect his claimed tenancy until expiry thereof.

3.     The Defendant applied by notice of motion dated 17th May 2012 for a temporary injunction to protect his claimed tenancy in the suit premises pending hearing and determination of the suit. The Plaintiff opposed the application.  I heard the application on 23rd July 2013 and reserved ruling for 18th October 2013.

4.     In the meantime however, in a considered ruling dated and delivered on 20th September 2013 in Nairobi HC (Civil Division) Civil Case No 171 of 2013, James Moses Thamu & Others – vs – Joseph M Muiruri (Unreported), I held that landlord and tenant disputes are disputes that involve an interest in land, and that the High Court no longer has jurisdiction to hear and determine such disputes.  A copy of the ruling is attached.

5.     That being the case I cannot render a ruling for the application by notice of motion dated 17th May 2013.  In the circumstances this case is hereby transferred to the Environment and Land Court to be dealt with in that Court.  Costs shall be in the cause.  It is so ordered.

DATED AND SIGNED AT NAIROBI THIS 16TH DAY OF OCTOBER 2013

H. P. G. WAWERU

JUDGE

DELIVERED AT NAIROBI THIS 18TH DAY OF OCTOBER 2013