Adeti Limited v Kamau & 2 others
The bottom line
#A Nairobi court protected a company's possession of disputed Embakasi land and ruled that a property's value alone cannot strip the Environment and Land Court of jurisdiction.
What this practically means
#Executive summary
#Key legal issues
#Pecuniary jurisdiction of the ELC
The preliminary objection on pecuniary jurisdiction was dismissed; the value of the subject matter does not oust the ELC's jurisdiction.
The defendants argued the property's market value was below Kshs.20,000,000, ousting ELC jurisdiction. The court held that both the ELC and the Magistrates' court have concurrent jurisdiction over such claims, and the ELC may transfer the matter if appropriate. The objection was therefore misplaced and dismissed.
Interlocutory injunction
The application for interlocutory injunction was allowed on the basis of a prima facie case and balance of convenience.
The plaintiff annexed searches and a copy of title demonstrating a prima facie case, and was in physical possession utilising the property since 2009. Refusal of the injunction risked dispossession by defendants who had not denied attempting to gain access. The balance of convenience favoured preserving the status quo pending trial.
Legal principles established
#- The value of the subject matter does not oust the jurisdiction of the ELC; the court may in its discretion transfer the matter to the Magistrates' court.
- A preliminary objection cannot succeed where the pleaded facts are contested or require ascertainment.
- A party in physical possession of disputed land has the balance of convenience in its favour pending trial.
Court orders
#- 1.Preliminary objection dated April 8, 2023 dismissed as misplaced
- 2.Interlocutory injunction issued restraining the 1st and 2nd defendants, their agents and employees, from entering, accessing, dealing in, trespassing into, invading or breaking into the suit property, evicting the plaintiff's workers, demolishing buildings, gates and perimeter walls, or interfering with the plaintiff's quiet possession of Title No. Nairobi Block 105/4988 pending hearing and determination of the suit
- 3.Officer Commanding Embakasi Police Station to ensure compliance with the orders
- 4.Costs of the application provided for (granted under prayer (f))
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution and the Environment and Land Court Act, 2011 (jurisdiction of the ELC over land disputes)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Adeti Limited v Kamau & 2 others", Case Analysis (2023). Environment & Land Case E106 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/21542/eng@2023-11-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.