Ndunyu Co-operative Society Limited v Archdiocese of Nairobi (K) Registered Trustees & County Council of Kiambu [2016] KEHC 5338 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

CIVIL CASE NO.  255 OF 2010

NDUNYU CO-OPERATIVE SOCIETY LIMITED........PLAINTIFF

VERSUS

ARCHDIOCESE OF NAIROBI (K)

REGISTERED TRUSTEES …………........….1ST DEFENDANT

COUNTY COUNCIL OF KIAMBU…………..2ND DEFENDANT

RULING ON JURISDICTION OF THE HIGH COURT

The application dated 13th November 2015 seeks for dismissal of this suit against the defendants for want of prosecution and costs   of the application.

However, my perusal of the application and suit reveals that the subject   matter of the dispute relates to ownership and occupation of land parcel No. Kabete/Lower Kabete/T. 384 and T. 434.

That  being the case, albeit  this suit   was instituted before the effective  date of  27th August  2010, it is clear that  it has been caught up by the provisions of  Article  162 (2) (b), 165(5)(b)  of the Constitution and Section 13(1)  of the Environment  and Land Court Act.

Accordingly, and as  the matter  has not been  heard before  this court, I exercise  my discretion under Section 30 of the Environment  and Land Court Act, 2011 and direct that this matter be placed before  the Environment and Land Court for consideration of any pending issues.

Dated, signed and delivered in open court at Nairobi this 12th day of April 2016.

R.E. ABURILI

JUDGE