Maria Lwande & 66 Others v Registered Trustees Of Telposta Pension Schem [2013] KEHC 6711 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CIVIL DIVISION

CIVIL CASE NO. 215 OF  2008

MARIA LWANDE & 66 OTHERS….............PLAINTIFFS

VERSUS

THE REGISTERED TRUSTEES OF

TELPOSTA PENSION SCHEME..............…DEFENDANT

D I R E C T I O N S

1.     In this suit the Plaintiffs seek against the 1st Defendant the main relief of orders of specific performance of their respective sale agreements in respect to various houses situated in Nairobi.  They also seek related orders.  It appears that at some point the 2nd Defendant was joined in the proceedings.  It is not apparent from the record if the plaint was amended following this addition of a defendant.

2.     I cannot find on the record any defence filed by the 1st or 2nd Defendant.  But there may be other volumes of this file not before me now. There are three volumes before me: one volume is marked ‘Vol. 1’, another one ‘Vol. 7’, while the third volume is not marked.

3.     The suit was filed in the ELC Division of the High Court because that is where it belonged.  It is not clear from the court record how the suit ended up in this Civil Division.

4.     Be that as it may, this suit clearly does not belong to the High Court in view of Articles 162(2) and 165(5) of the Constitution of Kenya, 2010and associated legislation.  The suit involves title to the suit lands the subject-matters of the suit.  The 1st Defendant has claimed that the Plaintiffs are its tenants in the suit premises, and that is why it filed the notice of motion dated 25th October 2012which I heard on 9th July 2013, and which was to come up for ruling today.  But even if the Plaintiffs were the 1st Defendant’s tenants in the suit properties, I have since held in a considered ruling dated 17th and delivered on 20th September 2013inNairobi HCCC No. 171 of 2013 (Civil Division), James Moses Thanu & Others – vs – Joseph M Muiruri (Unreported)that landlord and tenant disputes involve interests in land and that the High Court no longer has jurisdiction to hear and determine such disputes.  They belong in the Environment and Land Court.

5.     In these circumstances, I cannot render a ruling upon the notice of motion dated 25th October 2012.  This case is hereby transferred to the Environment and Land Court for disposal.  Costs will be in the cause.  It is so ordered.

DATED AND SIGNED AT NAIROBI THIS 24TH DAY OF OCTOBER 2013

H. P. G. WAWERU

JUDGE

DELIVERED AT NAIROBI THIS 25TH DAY OF OCTOBER 2013