Oduory & another v Ncba Bank Kenya Ltd & another (Environment & Land Case E030 of 2024) [2025] KEELC 1355 (KLR)
The bottom line
#A Kenyan court ruled that disputes with a bank mostly about loan accounts belong in the High Court, not the Environment and Land Court.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the ELC over a banker-borrower dispute centred on accounts
The predominant issue is the rendering of accounts, which is beyond the ELC's jurisdiction under Section 13(2) of the ELC Act, even though the injunction limb falls within it
Applying Co-operative Bank of Kenya v Patrick Kangethe Njuguna and Mbaluka, the court held that where the cause of action is the amounts due under a charge rather than the charge itself or title to land, jurisdiction lies with the High Court. The injunction prayer is founded on the accounts dispute, making accounts the dominant issue.
Whether to dismiss or transfer where both limbs engage concurrent jurisdiction
Dismissal would be drastic since one limb is within jurisdiction; transfer to the High Court serves the interest of justice
The court found concurrent jurisdiction: it could grant the permanent injunction but not determine accounts, the predominant issue. Borrowing from Dominic & 3 Others v County Government of Narok, it exercised its inherent power to defer to the High Court rather than down its tools entirely.
Whether prayer 3 of the Motion was still available
It was spent because the property had already been offered for auction on 29th October 2024 before the Motion was placed before the court
Paragraph 7 of the supporting affidavit showed the property was offered for sale by public auction on 29th October 2024, and the court had on 14th November 2024 declined ex-parte interim orders, rendering the interim injunction prayer moot.
Legal principles established
#- In determining whether the ELC has jurisdiction, the consideration must be the dominant issue in the dispute and whether it relates to environment and land
- A dispute over accounts due under a charge is not within the jurisdiction of the Environment and Land Court
- Where courts have concurrent jurisdiction, a court may decline to exercise the jurisdiction it has and defer to the court best placed on the predominant subject matter
Court orders
#- 1.This suit be and is hereby transferred to the High Court for mention before Hon. Musyoka J on 14th May 2025 for further direction as to hearing
- 2.No orders as to costs
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution and Section 13 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Oduory & another v Ncba Bank Kenya Ltd & another (Environment & Land Case E030 of 2024) [2025] KEELC 1355 (KLR)", Case Analysis (2025). Notice of Motion dated 13th November 2024 (Busia ELC; suit number not stated in the judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1355/eng@2025-03-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.