Margaret Wanjiru Ndungu v Kiamumbi Farmers Co-opertive Society Limited & Kiamumbi Multipurpose Co-operative Society Limited [2020] KEHC 2187 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CIVIL APPEAL NO. 653 OF 2016

MARGARET WANJIRU NDUNGU

As Administrator of the Estate of the late Peter Kanari Kabati .................APPELLANT

VERSUS

KIAMUMBI FARMERS CO-OPERTIVE

SOCIETY LIMITED ............................................................................1ST RESPONDENT

KIAMUMBI  MULTIPURPOSE CO-OPERATIVE

SOCIETY LIMITED .......................................................................... 2ND RESPONDENT

(Being an Appeal from the Judgment and Decree of the Hon. Chairman and Members of the Co-operative Tribunal delivered on 27th September, 2016)

DIRECTIONS

This court set todays date for the judgment of this appeal.  However, when I retired  to prepare the judgment herein I noted the claim set out in the statement of claim dated 18th May, 2015 related to a dispute involving  a piece of land described as plot 693-B.  The claimant sought an allotment of an alternative plot of land in place of the said plot or a monetary compensation of the current value. It is clear therefore that this is a dispute relating to land that falls under the provisions of Environment and Land Court Act. No. 19 of 2011.

The appeal from the Tribunal should therefore have been lodged and heard by the ELC in accordance with Section 13 of the said Act.

Accordingly, I declare lack of jurisdiction and transfer this appeal to the ELC for hearing and determination. The Deputy Registrar shall facilitate the transfer of this record to the said court.

Dated and delivered at Nairobi this 15th day of October, 2020.

A.MBOGHOLI MSAGHA

JUDGE