Rockon Construction Company Limited v NCBA Bank Kenya Plc (Land Case E368 of 2024) [2025] KEELC 6373 (KLR) (18 June 2025) (Ruling) Neutral citation: [2025] KEELC 6373 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI LAND CASE E368 OF 2024 J OMANGE, J JUNE 18, 2025 BETWEEN ROCKON CONSTRUCTION COMPANY LIMITED .......................... PLAINTIFF AND NCBA BANK KENYA PLC ................................................................... DEFENDANT RULING 1. In this Preliminary Objection dated 27th September 2024, the court is called upon to determine whether it has the jurisdiction to hear this matter in which the Plaintifi seeks for injunctive orders restraining the Defendant from selling, transferring the applicants directors parcels of land title number Dundori/Lanet Block 2/1588 ( Ndege), Title number Ngong/ Ngong/ 41223 and Title Number Naivasha/ Mwichiriringiri Block 4/ 3415 pending the hearing and determination of the application. 2. The Plaintifis case is premised on the grounds that the Plaintifi was advanced a loan facility which was secured by legal charges over the suit properties. It is the Plaintifis case that it has always fulfilled its legal obligations in accordance with the terms of the contract. However due to challenges in financing it has defaulted in remitting the loan payments. The Plaintifi insists that it is ready to meet its obligations to the Defendant and will do so once it receives some payments it is owed by Machakos County. 3. The sole issue for determination at this stage is whether this court has jurisdiction to hear this matter. Nyarangi JA.in Owners of the Motor Vessel “Lillian S” v Caltex Oil (Kenya) Ltd [1989] eKLR: emphasized the centrality of jurisdiction thus -“I think that it is reasonably plain that a question of jurisdiction ought to be raised at the earliest opportunity and the Court seized of the matter is then obliged to decide the issue right away on the material before it. Jurisdiction is everything. Without it, a Court has no power to make one more step. Where a Court has no jurisdiction, there would be no basis for a continuation of proceedings pending other evidence. A Court of law down tools in respect of the matter before it the moment it holds the opinion that it is without jurisdiction.” https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6373/eng@2025-06-18 1
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4. The Respondent argues that the dispute before the court does not touch on ownership or use of land rather it is a commercial dispute regarding the exercise of statutory power of sale over charged property which falls within the ambit of the High Court. The Respondent cited the case of Republic Vs Karisa Chengo & 2 others (2017)eKLR in support of its case. 5. The Court of Appeal in the case of Cooperative Bank of Kenya –v- Patrick Kangethe Njuguna (2017) eKLR clarified that the High Court is the proper forum to litigate accounting matters owing to its unlimited original jurisdiction in Civil Matters. 6. In the instant case, the Plaintifi is not challenging the fact of the legal charges, neither is it challenging the process, the only issue in contention is that its requests to be granted additional time to clear the loan have not been successful. 7. In considering the question of payments of instalment and otherwise, it is clear that the court will be required to delve into issues of accounting which it is now settled law is the preserve of the Commercial Division of the High Court. I find that this court has no jurisdiction to hear this matter which is hereby struck out with costs. RULING SIGNED, DATED AND DELIVERED VIA MICROSOFT TEAMS ON 18TH OF JUNE, 2025 JUDY OMANGE JUDGE In the presence of: Court Assistant Catherine Mr. Gatundu Plaintifi/Applicant Mr. Kale for Defendant/Respondent https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6373/eng@2025-06-18 2
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