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ELCOtherNot stated in the judgment· [2025] KEELC 629 (KLR)

Pala t/a Muhatia Pala Auctioneers v Nyamai (Environment and Land Appeal E018 of 2023) [2025] KEELC 629 (KLR)

Environment and Land Court
19 February 2025
MOM. A. Odeny
872 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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An appeal becomes useless if the only relief sought was already dismissed, so the court marked it spent and awarded costs to the respondent.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Nakuru, delivered by M. A. Odeny J on 19th February 2025, determines the Respondent's Notice of Preliminary Objection dated 17th September 2024. The Respondent argued, relying on the Environment and Land Court Act No. 19 of 2011 read with Gazette Notice No. 5178, that the court lacked jurisdiction over the Appellant's Memorandum of Appeal because the matter, which concerned the refund of a deposit for the purchase of an auction property, originated in the Chief Magistrate's Civil Division and was purely civil rather than a land matter; the Respondent prayed that the appeal be dismissed in limine. The Appellant opposed, contending that the objection was incompetent for failure to plead specific statutory sections, that the magistrate's court had jurisdiction over the land transaction valued at Kshs 550,000, and alternatively that the court could transfer the matter. Counsel for both sides filed submissions, each identifying whether the court had jurisdiction and whether the objection had merit. However, the court did not resolve the jurisdictional question. It observed that the appeal sought only a stay of execution of the ruling of Hon. Ruth Chebosio Kefa dated 16th August 2023, and that a similar application dated 14th September 2023 had already been heard and dismissed in a ruling dated 26th October 2023. Consequently, nothing remained pending in the appeal, and the court declined to consider the merits of the preliminary objection. The appeal was marked as spent, with costs awarded to the Respondent.

Key legal issues

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01

Whether the court should determine the preliminary objection on jurisdiction

Holding

The court declined to decide the preliminary objection because the appeal had become spent; the stay orders sought in the appeal had already been the subject of a dismissed application

Reasoning

The court examined the Memorandum of Appeal and observed that the appellant sought stay of execution of the ruling of 16th August 2023. An application dated 14th September 2023 seeking the same stay orders had been heard and dismissed in a ruling dated 26th October 2023. Since the only relief sought in the appeal had already been adjudicated, there was nothing left to determine, and the court did not need to address the merits of the preliminary objection on jurisdiction.

p. 3

Legal principles established

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  • Where the substantive relief in an appeal has already been dealt with and dismissed in a prior interlocutory application, nothing remains pending for adjudication and the appeal is rendered spent

Court orders

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  1. 1.The Appeal is marked as spent
  2. 2.Costs of the preliminary objection stage awarded to the Respondent

Authorities

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Legislation

  • Environment and Land Court Act No. 19 of 2011Section 13

Cases cited (3)

  • David Karobia Kiiru vs Charles Nderitu Gitoi & Another
    [2018] eKLR
  • Charles Murugu Mukindia & 2 others vs Consolidated Bank of kenya Ltd & another
    [2022] eKLR
  • Daykio Plantations Limited vs National Bank of Kenya Limited & 2 others
    [2019] eKLR
On appeal from
Chief Magistrate's Court, Civil Division
Not stated in the judgment
Jurisdiction invoked
Environment and Land Court Act No. 19 of 2011 read together with Gazette Notice No. 5178 (jurisdiction contested by the Respondent's preliminary objection)

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, "Pala t/a Muhatia Pala Auctioneers v Nyamai (Environment and Land Appeal E018 of 2023) [2025] KEELC 629 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/629/eng@2025-02-19

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