Pirbhai & another v Middle East Bank Kenya Limited (Land Case E533 of 2025) [2026] KEELC 473 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed it can hear disputes over land bought at auction, dismissing a challenge to its jurisdiction with costs.
What this practically means
#Executive summary
#Key legal issues
#Whether the Environment and Land Court has jurisdiction over a dispute arising from a public auction sale and purchase of land
The court has jurisdiction; the suit arises out of a contract regarding sale, ownership, title to and use of land.
The ELC is established under Article 162(2)(b) and derives original jurisdiction from Section 13 of the Environment and Land Court Act, which covers disputes relating to land contracts and instruments granting enforceable interests in land. Applying the predominant purpose test from the authorities cited, the transaction's intention was the sale and purchase of land, governing ownership, occupation and title - the core of the court's mandate. Article 165(5) divests the High Court of such matters.
Whether a notice of motion without a supporting affidavit is competent
The application was competent since it raised points of law only.
Order 51 Rule 4 of the Civil Procedure Rules requires an affidavit only where a motion is grounded on evidence. Because the defendant's application challenged jurisdiction on points of law without needing factual evidence, it could stand by itself without a supporting affidavit.
Legal principles established
#- A notice of motion raising pure points of law on jurisdiction need not be supported by an affidavit.
- Contracts relating to the sale of land concern title and are governed by the Land Act and the Land Registration Act, so disputes arising from them fall within the ELC's jurisdiction.
Court orders
#- 1.The notice of motion dated 25th November, 2025 is dismissed
- 2.Costs of the application to the plaintiffs/respondents
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution; Section 13 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Pirbhai & another v Middle East Bank Kenya Limited (Land Case E533 of 2025) [2026] KEELC 473 (KLR)", Case Analysis (2026). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/473/eng@2026-02-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.