Bamaftah & another v Cabinet Secretary, Ministry of Lands, Public Works, Housing and Urban Development & 7 others (Environment and Planning Civil Case E004 of 2024) [2025] KEELC 8616 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the suit property here is the same subject matter as in the Malindi petitions
The suit property is traceable in ancestry to MN/111/324 & 334, the subject of the two Malindi petitions, making transfer appropriate.
From the pleadings, depositions and submissions, the court found that although the plaintiffs' property (Subdivision No. 4730, original No. 527/2) differs on the face of the title, it was carved out of parcel 527 which arose from amalgamated and subdivided parcels MN/111/324 and 334. The Malindi petitions challenge the legality of those subdivisions and subsequent allocations, so the subject matters are related.
Whether the suit should be transferred to ELC Malindi
Transfer granted to avoid conflicting decisions by courts with concurrent jurisdiction over the same land.
Section 12 of the Civil Procedure Act grounds jurisdiction in the location of immovable property; both courts have concurrent jurisdiction. Given the risk of two courts reaching different decisions on the legality of title to the same or related land, the court exercised its discretion in favour of transfer to ELC Malindi where the two petitions are already partly heard.
Legal principles established
#- Where a suit property is an offshoot of or related to property that is the subject of pending litigation in another court of concurrent jurisdiction, transfer is warranted to avoid conflicting decisions.
Court orders
#- 1.The application is allowed in terms of prayer (1)
- 2.This suit is transferred to ELC Malindi for hearing and determination
- 3.Costs in the application to abide the outcome of the suit
- Jurisdiction invoked
- Section 12 of the Civil Procedure Act (Cap 21); inherent powers on transfer of suits
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Bamaftah & another v Cabinet Secretary, Ministry of Lands, Public Works, Housing and Urban Development & 7 others (Environment and Planning Civil Case E004 of 2024) [2025] KEELC 8616 (KLR)", Case Analysis (2025). ELC Case at Mombasa (notice of motion dated 17th June 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8616/eng@2025-12-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.