REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT BUNGOMA ELC CASE NO. 05 OF 2013. GEORGE MATEYI GABRIEL.......................................................PAINTIFF VERSUS JOSEPH MALALA .................................................................1 ST DEFENDANT DENNIS S. NAWATE...............................................................2 ND DEFENDANT SELLA N. NASIMIYU BOTH T/A DELJO ENTERPRISES LTD.............................3RD DEFENDANT FAMILY BANK LTD................................................................4 TH DEFENDANT ORDER This Court was due to deliver a ruling on the plaintiff’s application dated 30 th August 2017. However, since 12th October 2017 when the Court of Appeal delivered it’s Judgment in CO – OPERATIVE BANK OF KENYA LTD.V. PATRICK KANGETHE & OTHERS 2017 eKLR, this Court has been divested of the jurisdiction to determine disputes relating to charges. From the plaint dated 10th August 2012 and filed herein on 11 th July 2012, this dispute relates to a charge registered over land parcels NO EAST BUKUSU/S.KANDUYI/15325, 15326, 15327, 15328, 15329 and 15330 by the plaintiff in favour of the 4 th defendant. Submissions were invited and filed by both parties. Upon perusal of the pleadings, it is clear that this Court has no jurisdiction to determine the suit and the application dated 30 th August 2017. Indeed, in his submissions, MR KITUYI counsel for the 4th defendant has made the following submission on the issue of jurisdiction: - “Further, this being a commercial transaction, this Honourable Court has no jurisdiction to deal with this matter making the entire application and the suit bad in law, defective and incompetent hence should be struck out.” I agree that on the basis of the decision in CO-OPERATIVE BANK OF KENYA .V. PATRICK KANGETHE (supra), this Court has no jurisdiction. But I don’t take the view that I should strike out this suit and the application dated 30 th August 2017. The proper thing to do is to transfer this suit to the High Court. I therefore, make the following order: 1. This suit be and is hereby transferred to the High Court for mention on 3 rd March 2020 to take further directions on the application dated 30th August 2017. Boaz N. Olao. JUDGE 27th February 2020 Mr Murunga for Mr Aswani for Applicant present Mr Kituyi for Respondent present Joy/Okwaro – Court Assistants
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Boaz N. Olao. JUDGE 27th February 2020
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