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ELCDismissedEnvironment and Land Case 68 of 2014· [2025] KEELC 5986 (KLR)

Ragui v Gatu & another (Environment and Land Case 68 of 2014) [2025] KEELC 5986 (KLR)

Environment and Land Court
10 September 2025
1,545 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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The defendants filed a notice of preliminary objection dated 15th April 2025 seeking dismissal of the suit on five grounds: want of territorial jurisdiction, contravention of Section 15 of the Civil Procedure Act, limitation under Sections 7 and 10 of the Limitation of Actions Act, that the plaintiff had sued the defendants in their personal capacity rather than as legal administrators of a deceased's estate, and that the suit was fatally defective and an abuse of process. The objection was canvassed by written submissions. The defendants argued the grounds were pure points of law, that the suit property is in Kiambu County where the Thika ELC sits, and that a claim begun in 2019 over a 1985 purchase was time barred. The plaintiff countered that no ELC existed in Thika when the suit was filed, that the amended plaint of 19th June 2019 defeated the limitation plea, and that the objection was bedevilled by disputed facts. The court, applying Mukisa Biscuits, Musakali and Oraro v Mbaja, held that a preliminary objection must be a pure point of law on undisputed facts capable of disposing of the suit. It found the objection failed that test: territorial jurisdiction was curable by transfer, the limitation ground depended on the pleadings, and the objection was not well thought out. The preliminary objection was dismissed, the file was ordered transferred to ELC Thika for hearing and determination, and costs were awarded in the cause.

Key legal issues

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01

Whether the preliminary objection raised a pure point of law

Holding

No. The grounds depended on facts requiring investigation, including when the suit was filed, where the cause of action arose, and the pleadings on limitation.

Reasoning

Applying Mukisa Biscuits, Musakali and Oraro v Mbaja, the court held that a preliminary objection must be a point of law not blurred by disputed facts. Here the facts were not wholly undisputed - the court noted the amended plaint showed when the dispute arose, defeating the limitation ground, and the territorial jurisdiction ground was cured by transfer rather than dismissal. The objection could not dispose of the suit at an interlocutory stage and thus failed.

p. 3
02

Whether the court had territorial jurisdiction

Holding

The suit was correctly filed in this court because no court of similar jurisdiction existed in Kiambu County when it was filed, but the file should now be transferred to ELC Thika.

Reasoning

The court found it undisputed that at the time of filing there was no ELC in Kiambu County, so institution in this court was proper. However, since the cause of action is now within Thika's territorial jurisdiction, and want of territorial jurisdiction should not defeat a suit, transfer of the file to ELC Thika was the suitable course to allow parties to ventilate their issues.

p. 3
03

Whether the suit is time barred under Sections 7 and 10 of the Limitation of Actions Act

Holding

The limitation ground fails on the face of the pleadings; the amended plaint shows when the dispute arose.

Reasoning

The court found that the defendants had not engaged with the pleadings. The amended plaint filed on 19th June 2019, particularly paragraph 7, discloses when the plaintiff's dispute arose, and on that basis Sections 7 and 10 of the Limitation of Actions Act cannot sustain a striking-out. The ground also involved an assessment of the pleadings and facts, making it unsuitable for a preliminary objection.

p. 4

Legal principles established

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  • A preliminary objection must consist of a pure point of law founded on undisputed facts, arise from the pleadings, and be capable of disposing of the suit without trial
  • Want of territorial jurisdiction does not require dismissal of the suit; the appropriate remedy is transfer of the file to the court with territorial jurisdiction

Court orders

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  1. 1.The notice of preliminary objection dated 15th April 2025 is dismissed
  2. 2.The file is transferred to ELC Thika for hearing and determination
  3. 3.Costs in the cause

Authorities

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Legislation

  • Civil Procedure ActSection 15
  • Limitation of Actions ActSections 7 and 10

Cases cited (8)

  • Zipporah Njoki Kangara v Rock and Pure Limited & 3 others
    [2021] eKLR
  • Stephen Mwangi Gatunge v Edwin Onesmus Wanjau (Suing in her capacity as the administrator of the estate of Kimingi Wariera (deceased) and Mwangi Kimingi (deceased)
    [2022] eKLR
  • Petronilla Mututku Makilya & 2 others v Caroline Mbinya Kathendu & 4 others, Land Registrar, Machakos Land Registry & another (Interested Parties)
    [2022] eKLR
  • Nitin Properties Ltd v Singh Kalsi & Another
    [1995] eKLR
  • DT Dobie & Company Kenya Limited v Joseph Mbaria Machira & Another
    [1980] eKLR
  • Mukisa Biscuits Manufacturing Company Limited -vs- West End Distributors
    (1969) EA 696
  • John Musakali vs. Speaker County of Bungoma & 4 others
    (2015) eKLR
  • Oraro -vs- Mbaja
    (2005) KLR 141
Jurisdiction invoked
Article 162(2)(b) of the Constitution (Environment and Land Court jurisdiction) - invoked implicitly; judgment does not expressly cite the provision

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, "Ragui v Gatu & another (Environment and Land Case 68 of 2014) [2025] KEELC 5986 (KLR)", Case Analysis (2025). Environment and Land Case 68 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5986/eng@2025-09-10

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