Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCOtherEnvironment & Land Miscellaneous Case E003 of 2023· [2023] KEELC 20121 (KLR)

Elizabeth Joram William Multhoff-Sama v Registrar of Lands Mombasa Registry

Environment and Land Court of Kenya
26 September 2023
NMN. A. Mathéka
1,075 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

#

A Kenyan court ruled that land disputes must be filed where the property is located, transferring this Malindi case from Mombasa.

What this practically means

#

Executive summary

#
The applicant, Elizabeth Joram William Multhoff-Sama, moved the Environment and Land Court at Mombasa by a miscellaneous application dated 24 February 2023 under Sections 5 and 6 of the Foreign Judgments (Reciprocal Enforcement) Act, Section 77 of the Probate Act, Sections 3 and 3A of the Civil Procedure Act and Rule 42(1) of the Probate and Administration Rules. She sought recognition in Kenya of a decision of the Local Court of Kassel, Germany, appointing Solicitor Holger Adolph as administrator of the estate of the deceased Hardy Multhoff; recognition of a purchase agreement over residential property on Portion No. 2549 (original No. 1935/387), Malindi Central, Kilifi County; and an order compelling the Registrar of Lands, Mombasa to register transfer instruments in her favour. The Land Registrar confirmed that the deceased and the applicant were the registered owners as joint proprietors, though he noted a discrepancy in the register description. Mathéka J did not determine the merits. The court observed that the suit property is situate in Malindi, Kilifi County, where the applicant also resides, and that under Sections 12 and 13 of the Civil Procedure Act suits concerning immovable property must be filed where the property lies. The correct forum was held to be the Malindi Environment and Land Court. The court transferred the matter to Malindi for hearing and determination, with costs in the cause.

Key legal issues

#
01

Territorial jurisdiction of the Mombasa Environment and Land Court over property in Kilifi County

Holding

The court lacked territorial jurisdiction because the suit property is situate in Kilifi County, which is served by the Malindi Environment and Land Court

Reasoning

Section 12 of the Civil Procedure Act requires suits for relief respecting immovable property to be instituted where the property is situate. The certificate of postal search and the letter from the Office of the President confirmed the property and the applicant's residence are in Malindi, Kilifi County. Section 13 does not assist since the property lies within one court's jurisdiction. The proper forum is therefore Malindi.

p. 3

Legal principles established

#
  • A suit relating to immovable property must be instituted in the court within whose local limits the property is situate

Court orders

#
  1. 1.The matter is transferred to the Environment and Land Court at Malindi for hearing and determination
  2. 2.Costs to be in the cause

Authorities

#

Legislation

  • Foreign Judgments (Reciprocal Enforcement) ActSections 5 and 6
  • Probate Act Cap 160Section 77
  • Civil Procedure Act Cap 21Sections 3, 3A, 12, 13
  • Probate and Administration RulesRule 42(1)
Jurisdiction invoked
Sections 12 and 13 of the Civil Procedure Act (Cap 21) - territorial jurisdiction over immovable property

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Elizabeth Joram William Multhoff-Sama v Registrar of Lands Mombasa Registry", Case Analysis (2023). Environment & Land Miscellaneous Case E003 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/20121/eng@2023-09-26

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