Lydia Karimi v Christine Mukiri [2018] KEELC 1553 (KLR)
The bottom line
#The Environment and Land Court in Meru struck out a landowner's suit because rent and eviction disputes belong to the Rent Restriction Tribunal, not that court.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the ELC vis-à-vis the Rent Restriction Tribunal
The court lacks jurisdiction over distress for rent, eviction for non-payment of rent and lifting of proclamation; these fall within the Rent Restriction Tribunal established under Section 4 of the Rent Restriction Act
The court examined the preamble to the Rent Restriction Act and found that the reliefs sought in the plaintiff's application relate to the landlord and tenant relationship of a dwelling-house, matters reserved for the Rent Restriction Tribunal. Relying on the Lillian S principle, once the court formed the opinion that it lacked jurisdiction, it had no option but to down its tools.
Res judicata and abuse of process
The application dated 24th September 2014 is res judicata, and the filing of the suit along with the application is an abuse of the court's process; the plaintiff ought to have appealed the dismissal in the succession cause
The court perused the annextures to the Preliminary Objection and found that the plaintiff had filed a similar application dated 10/9/2013 in Meru H.C.C.C No. 409 of 2007 raising similar issues, over the same subject matter and parties, which was dismissed on 24th September 2014. The proper course was an appeal, not a fresh suit; further, the claim as heir falls under a succession court.
Nature of a preliminary objection
The law on preliminary objections is settled: a preliminary objection is a point of law which, if argued as a preliminary point, may dispose of the suit, and must not be blurred with factual details
The court adopted the classic statements in Mukisa Biscuits (Law JA and Sir Charles Newbold P) and Oraro v Mbaja (Ojwang J) to frame the test, then applied it to the preliminary objection on jurisdiction and res judicata, concluding the objection was a proper one capable of disposing of the suit entirely.
Legal principles established
#- A court without jurisdiction must down its tools immediately
- A preliminary objection must be a pure point of law, not dependent on ascertainment of facts or exercise of discretion
Court orders
#- 1.The Notice of Preliminary Objection filed in court on 30th September 2014 is found and held to be merited
- 2.The Suit and the Notice of Motion Application dated 24th September 2014 are struck out
- 3.Costs of the suit and application awarded to the defendant
- Jurisdiction invoked
- Jurisdiction of the Environment and Land Court considered against the Rent Restriction Act (Section 4) and succession jurisdiction
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lydia Karimi v Christine Mukiri [2018] KEELC 1553 (KLR)", Case Analysis (2018). Not stated in judgment (Originating Summons filed 24th September 2014). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/1553/eng@2018-09-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.