Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCPartially AllowedChamber Summons dated 7th April 2022 (arising from the Plaintiff's suit; ELC)· [2025] KEELC 1347 (KLR)

Storelli v Pello & another (Land Case E016 of 2022) [2025] KEELC 1347 (KLR)

Environment and Land Court
13 March 2025
5,235 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~21 min to read original · ~4 min brief

The bottom line

#

The Environment and Land Court can hear land sale refund claims, and the buyer can stay on the property until the case is decided.

What this practically means

#

Executive summary

#
The Plaintiff, Aniello Storalli, moved the Environment and Land Court at Kwale by Chamber Summons seeking maintenance of the status quo at the suit premises Kwale/Galu Kinondo/1107, restraining the Defendants from interfering with his occupation pending the hearing of the suit. He deponed that in December 2004 he entered a sale agreement with the 1st Defendant, a director of the 2nd Defendant (registered owner), paid the deposit and the balance, and has occupied the property since 2004. In ELC No. 143 of 2012 the 2nd Defendant obtained judgment for vacant possession, the court having found the 1st Defendant lacked capacity to sell for the 2nd Defendant; the refund issue was not canvassed there. The Defendants opposed, arguing the suit was purely a money claim outside ELC jurisdiction, that judgment in ELC No. 143 of 2012 ordered the Plaintiff to vacate by 25th May 2018, and that the application was an abuse of process. The court framed three issues. On jurisdiction, applying Article 162(2)(b), Section 13 of the ELC Act and the predominant purpose test, it held the refund claim arose from the land sale transaction and could not be delinked from the land, so the ELC had jurisdiction. On the status quo orders, it held their purpose is to preserve the suit property pending trial, since breach and entitlement to ownership and occupation can only be determined at a full trial, and found the application merited. On costs, it ordered each party to bear its own costs, encouraging alternative dispute resolution. The court granted the status quo order and set a pre-trial conference for 16th June 2025 and hearing for 31st July 2025 by virtual means.

Key legal issues

#
01

Jurisdiction of the ELC over a refund claim arising from a land sale agreement

Holding

The court held it has jurisdiction because the refund claim arises from a land sale transaction; the land and the breach of the sale agreement are integral to the dispute and cannot be delinked from the money claim.

Reasoning

Relying on Article 162(2)(b) and Section 13 of the ELC Act, the court found the suit's substratum is the land sale agreement over Kwale/Galu Kinondo/1107. Applying the predominant purpose test from the Redhill Investments case, the predominant issue was the alleged failure to honour the land sale agreement, which falls squarely within ELC jurisdiction. The Defendants, apart from labelling it a money claim, failed to show where else the Plaintiff could seek redress.

p. 8
02

Whether status quo orders should issue pending trial

Holding

Status quo orders were granted to preserve the suit property and balance the parties' interests pending a full trial, since breach of contract and entitlement to occupation and ownership can only be determined at trial.

Reasoning

The court, guided by authority on the meaning of status quo, noted that the outcome of the hearing would determine whether there was breach of contract and who is entitled to ownership and occupation. As the Defendants sought eviction while the Plaintiff sought to remain in occupation, the court found it necessary to sustain a balance and preserve the property, concluding the application must succeed.

p. 10
03

Costs of the application

Holding

Despite the general rule that costs follow the event under the proviso to Section 27 of the Civil Procedure Act, each party was ordered to bear its own costs, with encouragement to pursue alternative dispute resolution.

Reasoning

The court acknowledged that costs are discretionary and normally follow the event. However, in the circumstances of the case it considered it in the interest of justice, equity and conscience that each party bear its own costs, and encouraged the parties to continue pursuing alternative dispute resolution methods to settle the matter.

p. 10

Legal principles established

#
  • Where a dispute's jurisdiction falls within multiple courts, the predominant purpose test determines the appropriate forum; a claim for refund of purchase price arising from a land sale agreement falls within ELC jurisdiction.
  • Status quo orders preserve the subject matter of the dispute pending determination of the suit.

Court orders

#
  1. 1.An order of status quo to be maintained at the suit premises Kwale/Galu Kinondo/1107, restraining the 1st and 2nd Defendants from interfering with the Plaintiff's use and occupation pending the hearing and determination of the suit.
  2. 2.Mention on 16th June 2025 for Pre-Trial Conference pursuant to Order 11 of the Civil Procedure Rules, 2010.
  3. 3.Hearing of the suit on 31st July 2025 by virtual means.
  4. 4.Each party to bear its own costs.
Jurisdiction invoked
Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act, No. 19 of 2011

Key timeline

#

Practical implications

#

Frequently asked questions

#

Later judgments citing this (1)

#

Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

#

Cite this brief

Caselaw, "Storelli v Pello & another (Land Case E016 of 2022) [2025] KEELC 1347 (KLR)", Case Analysis (2025). Chamber Summons dated 7th April 2022 (arising from the Plaintiff's suit; ELC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1347/eng@2025-03-13

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