Lerionka v Tentei (Land Case E102 of 2024) [2026] KEELC 1839 (KLR)
The bottom line
#A Kenyan land court stopped a duplicate lawsuit because the same dispute was already pending in a Kajiado magistrates' court, and gave the defendant a second chance to file its defence.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the matter before the Court and Kajiado CMELC E145 of 2024 involve the same parties and the same subject matter
- 2.Whether the ex-parte proceedings in this suit should be set aside and the Defendant's Statement of Defence deemed filed
- 3.Whether this suit should be stayed pending determination of the earlier suit before the Chief Magistrate's Court at Kajiado
- 4.Whether the file Kajiado CMELC E145 of 2024 should be retransferred to the Chief Magistrate's Court at Kajiado
Key legal issues
#Duplication of suits and sub judice
The suit before this court, having been filed later than the suit before the Chief Magistrate's Court at Kajiado, is sub judice under Section 6 of the Civil Procedure Act and is stayed pending the hearing and determination of the earlier suit.
The court perused the pleadings in both matters and confirmed that they relate to the same subject matter and are between the same parties. Because the Chief Magistrate's Court suit was filed earlier in time, Section 6 of the Civil Procedure Act rendered the later suit sub judice, warranting a stay of this suit pending disposal of Kajiado CMELC E145 of 2024.
Setting aside ex-parte proceedings and deemed filing of defence
The Defendant's Notice of Motion dated 26th September 2025 was allowed; the ex-parte proceedings were set aside and the Statement of Defence with documents deemed duly filed upon payment of requisite fees within fourteen days.
Following the court's earlier ruling of 27th November 2025 directing that the Kajiado CMELC E145 of 2024 file be availed, and upon confirming the duplication of parties and subject matter, the court exercised its discretion to allow the Defendant's application, set aside the ex-parte proceedings and admit the defence documents to filing upon payment of court fees.
Retransfer of the file to the Chief Magistrate's Court
Under Section 18(b)(iii) of the Civil Procedure Act, the court retransferred Kajiado CMELC 145 of 2024 to the Chief Magistrate's Court at Kajiado for trial and disposal.
Having stayed its own suit as sub judice and having earlier entertained the file by way of transfer, the court exercised its power under Section 18(b)(iii) of the Civil Procedure Act to return the Kajiado CMELC 145 of 2024 file to the Chief Magistrate's Court at Kajiado, the court of first filing, for trial and disposal.
Legal principles established
#- Where two suits between the same parties relate to the same subject matter, the suit filed later is sub judice under Section 6 of the Civil Procedure Act and may be stayed in favour of the earlier-filed suit.
Court orders
#- 1.Allowed the Defendant's Notice of Motion dated 26th September 2025 and set aside the ex-parte proceedings in this case
- 2.Deemed the Statement of Defence and documents attached to the Defendant's application dated 26th September 2025 as duly filed upon payment of requisite court fees within fourteen (14) days
- 3.Issued an order of stay of this suit pending hearing and determination of Kajiado CMELC E145 of 2024 before the Chief Magistrate at Kajiado
- 4.Under Section 18(b)(iii) of the Civil Procedure Act, retransferred file Kajiado CMELC 145 of 2024 back to the Chief Magistrate's Court at Kajiado for trial and disposal
- 5.No orders as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Sections 6 and 18(b)(iii) of the Civil Procedure Act
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
This court therefore allows the Defendant's Notice of Motion dated 26th September 2025 and sets aside the ex-parte proceedings in this case.
The court therefore issues an order of stay of this suit pending hearing and determination of the suit before the Chief Magistrate being Kajiado CMELC E145 of 2024.
Consequently, under the provisions of Section 18(b)(iii) of the Civil Procedure Act, the court retransfers the file Kajiado CMELC 145 of 2024 back to the Chief Magistrate Court at Kajiado for trial and disposal accordingly.
There shall be no orders as to costs.
Issues in the judgment
#The judgment does not state the case title or case number of the suit before this court; the file number referenced (Kajiado CMELC E145 of 2024) is the Chief Magistrate's Court matter.
The delivery date appears in the future relative to the referenced prior ruling of 27th November 2025 and the internal chronology, and the signature line date (24th March 2026) may be an error.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lerionka v Tentei (Land Case E102 of 2024) [2026] KEELC 1839 (KLR)", Case Analysis (2026). Not stated in the judgment excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1839/eng@2026-03-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.