M'big Limited v Co-operative Bank of Kenya Limited & Nakuru County Government
The bottom line
#Kenya's Environment and Land Court confirmed it can hear land disputes that include money claims, as long as land is the real heart of the case.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the Environment and Land Court over a suit arising from an auction sale of land pursuant to a statutory power of sale and refusal of consent to transfer
The court has jurisdiction; the predominant purpose of the suit is a land dispute, and the case is distinguishable from Co-operative Bank v Patrick Kang'ethe Njuguna which concerned a charge and exercise of a chargee's power of sale.
Applying the predominant purpose test, the court examined the prayers in the further amended re-amended plaint. It found the genesis and ultimate objective of the suit deeply rooted in a land dispute: the prayers sought to stop sale of parcels, declare a land sale void, compel transfer of land and discharge land-related securities, all matters directly concerned with title to land. The monetary claims were consequential to the failed land transaction, not the primary cause of action, so the High Court would lack subject-matter jurisdiction.
Whether a court lacking jurisdiction may transfer a suit to a court of competent jurisdiction (raised by the parties but not ultimately necessary)
Not determined, as the court found it had jurisdiction; the parties addressed rival positions on transfer versus striking out.
The 1st and 2nd Defendants argued that a suit filed without jurisdiction is a nullity ab initio and must be struck out rather than transferred, relying on Equity Bank v Bruce Mutie Mutuku and Phoenix of E.A. Assurance v S.M. Thiga. The Plaintiff argued the court could transfer a 'mixed-grill' case. Having found jurisdiction, the court did not rule on this question.
Legal principles established
#- The prayers sought by a plaintiff define the scope of the suit and are central to determining whether the court has jurisdiction over the dispute.
- Where monetary claims are consequential to a failed land transaction, the predominant purpose of the suit is a land dispute within the ELC's jurisdiction.
Court orders
#- 1.A finding that the court has jurisdiction to hear and determine the suit, it being distinguishable from the Patrick Kang'ethe Njuguna case
- 2.No orders as to costs
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution of Kenya, 2010 and Section 13 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "M'big Limited v Co-operative Bank of Kenya Limited & Nakuru County Government", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6580/eng@2025-10-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.