Golden Century Limited v Sciborski (Land Case E315 of 2025) [2026] KEELC 2736 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the suit is sub judice under section 6 of the Civil Procedure Act
The objection fails because the parties are not litigating under the same title and the matters in issue are not directly and substantially the same.
Section 6 bars trial of a suit where the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties litigating under the same title. Here, HCCOMM 298 of 2025 concerns compensation for misrepresentation under a sale agreement, while this suit seeks execution of an adopted arbitral award for vacant possession. The plaintiff need only prove beneficial ownership and a valid court order. A determination in the High Court suit would not render this suit res judicata, so the sub judice rule is not attracted.
Whether the ELC has jurisdiction over the dispute
The dispute revolves around alleged illegal occupation, ownership rights and trespass, squarely within the ELC's jurisdiction under Article 162(2)(b) and section 13 of the ELC Act.
The court found the dispute concerns alleged illegal occupation of the suit property, which will engage ownership rights, eviction and trespass. Such disputes are within the exclusive jurisdiction of the Environment and Land Court under section 13 of the Environment and Land Court Act. The reliefs of eviction, injunction and mesne profits fall within that jurisdiction, and the pendency of the commercial claim in the High Court does not oust this jurisdiction.
Legal principles established
#- The test for sub judice is whether a final decision in the previously instituted suit would operate as res judicata in the subsequent suit; mere similarity of parties or transaction is insufficient
- Jurisdiction is conferred by the Constitution or statute and a court without jurisdiction must down its tools
Court orders
#- 1.The Notice of Preliminary Objection dated 16th October 2025 is not merited and this court therefore has the jurisdiction to entertain the suit.
- 2.Costs in the cause.
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution of Kenya and Section 13 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Golden Century Limited v Sciborski (Land Case E315 of 2025) [2026] KEELC 2736 (KLR)", Case Analysis (2026). E315 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2736/eng@2026-05-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.