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ELCOtherEnvironment & Land Case E008 of 2022· [2022] KEELC 15431 (KLR)

Ndiang'ui v Pinnacle Developers Limited & another

Environment and Land Court
20 December 2022
417 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court refused to hear a bank's appeal because the underlying dispute was about money refunds, not land.

What this practically means

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Executive summary

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This ruling by MN Gicheru J of the Environment and Land Court at Kajiado determined a notice of motion dated February 9, 2022 by NCBA Bank Limited seeking a stay of execution of a ruling dated January 27, 2022 by Honourable Becky Cheloti in ELC Case No 31 of 2021 (Eunice Wambui Ndiang'ui v Pinnacle Developers Limited and NCBA Bank Limited) pending an intended appeal. Before addressing the application, the court examined the plaint dated February 5, 2021, particularly paragraph 24(a)-(h), and found no claim for land. Relying on Article 162(2)(b) of the Constitution and section 13(2)(a) of the Environment and Land Court Act, the court held that its jurisdiction is confined to disputes concerning the environment and the use, occupation of, and title to land, and that the prayers in the plaint - refund of deposits, general damages for breach of agreement and reimbursements in Kenya shillings and US dollars - fall outside that jurisdiction. Citing Joseph Njuguna Mwaura and 2 others v Republic, the court reiterated that jurisdiction is the first test a court must address. Concluding that the court lacked jurisdiction to entertain the appeal, it directed that the appeal be filed at the High Court. No costs order was made. The stay application was effectively not entertained for want of jurisdiction.

Key legal issues

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01

Jurisdiction of the Environment and Land Court over the appeal

Holding

The ELC lacks jurisdiction because the plaint's prayers (refund of deposits, damages for breach, reimbursements) do not concern land

Reasoning

The court examined paragraph 24(a)-(h) of the plaint and found no claim for land. Article 162(2)(b) confines the ELC to disputes relating to environment and the use, occupation of, and title to land. Section 13(2)(a) of the ELC Act does not cover the prayers sought, so the court could not entertain the appeal or the stay application.

p. 1

Legal principles established

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  • Jurisdiction is the first question a court must address before determining any matter before it

Court orders

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  1. 1.The appeal be filed at the High Court
On appeal from
Magistrates' Court (ELC Case No 31 of 2021)
ELC Case No 31 of 2021, Eunice Wambui Ndiang'ui v Pinnacle Developers Limited and NCBA Bank Limited
Jurisdiction invoked
Article 162(2)(b) of the Constitution; Section 13(2)(a) of the Environment and Land Court Act

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Ndiang'ui v Pinnacle Developers Limited & another", Case Analysis (2022). Environment & Land Case E008 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/15431/eng@2022-12-20

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.