Mugambi & another v Summerville Properties Limited (Environment and Land Case E432 of 2024) [2026] KEELC 4326 (KLR)

Mugambi & another v Summerville Properties Limited (Environment and Land Case E432 of 2024) [2026] KEELC 4326 (KLR) (9 July 2026) (Ruling) Neutral citation: [2026] KEELC 4326 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI ENVIRONMENT AND LAND CASE E432 OF 2024 CG MBOGO, J JULY 9, 2026 BETWEEN JULIETTE MUGAMBI ......................................................................... 1ST PLAINTIFF MUGAMBI MWENDWA .................................................................... 2ND PLAINTIFF AND SUMMERVILLE PROPERTIES LIMITED .......................................... DEFENDANT RULING 1. When I retired to write the ruling in this matter with regard to the notice of motion dated 28th January, 2026, I noted that this court lacks territorial jurisdiction to hear and determine this suit for the following reason, i. The suit property being LR no. 28428/80 allegedly owned by the defendant/respondent is located in Kiambu county as contained in the defendant’s witness statement dated 7th January, 2025. ii. The plaintifi/applicants pleaded that they are proprietors of land known as plot no. 12825/196 in Thindigua, Kiambu County. 2. Therefore, the appropriate court with the requisite jurisdiction to hear and determine the suit as well as the instant application is Limuru ELC. 3. From the foregoing, this file is hereby transferred to Limuru ELC forthwith for hearing and determination on a priority basis. The same to be placed before the presiding judge on 30th July, 2026 for further directions. The deputy registrar of this court to ensure compliance with these orders. It is so ordered. DATED, SIGNED & DELIVERED VIRTUALLY THIS 9TH DAY OF JULY, 2026. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4326/eng@2026-07-09 1

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