Mwaura v Panchal & another (Environment and Land Case Civil Suit 543 of 2025) [2026] KEELC 4730 (KLR) (23 July 2026) (Ruling) Neutral citation: [2026] KEELC 4730 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI ENVIRONMENT AND LAND CASE CIVIL SUIT 543 OF 2025 CG MBOGO, J JULY 23, 2026 BETWEEN DANIEL KIMIRI MWAURA .................................................................... PLAINTIFF AND MINAXIBEN ASHOK PANCHAL ................................................. 1ST DEFENDANT VIKRAM ASHOK PANCHAL ....................................................... 2ND DEFENDANT RULING 1. The plaintifi/ applicant filed the notice of motion dated 30th October 2025 expressed to be brought under Section 23 of the Registration of Titles Act, Article 40 and 159 of the Constitution and Sections 1A, 1B, 3A, 3B and 63(e) of the Civil Procedure Act seeking the following orders:1. Spent. 2. That this honourable court be pleased to order the defendants/respondents herein to sign the discharge of charge and any other such documents drawn for the title deed number I.R 170677 Being Land Reference Number 4148/1694 (original Number 4148/1660/35) in the name of the Plaintifi/Applicant to be released by the NCBA Bank Kenya PLC to the Plaintifi/ Applicant. 3. That in default of the Defendant/Respondents aligning the discharge of charge or any other documents thereof to enable title deed number I.R 170677 Being Land Reference Number 4148/1694 (original Number 4148/1660/35) to be released to the Plaintifi/Applicant, this Honourable court do order the Deputy Registrar of this Honourable court to sign the said documents to enable the Plaintifi/Applicant get his title deed from NCBA Bank Kenya PLC. 4. That the cost of this application be given to the Plaintifi/Applicant. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4730/eng@2026-07-23 1
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2. The application was supported by the plaintifi’s supporting afidavit sworn on even date. The defendants/respondents did not file their response to the application. Instead, they filed a notice of preliminary objection dated 12th November, 2025 challenging the jurisdiction of this court to hear and determine this matter. 3. When I retired to write a ruling, and having perused the pleadings herein, I note that the claims made by the plaintifi/applicant concerns the discharge of property known as land reference no. 4148/1694 (original no. 4148/1660/35). The dispute between the parties is commercial in nature and it does not concern any interest in land as per the court of appeal decision in Co-operative Bank of Kenya Limited v Njuguna & 5 others [2017] KECA 79 (KLR). 4. For this reason, this court is unable to proceed further, and in that case, the parties are at liberty to by consent have this suit transferred to the high court. Alternatively, the plaintifi/applicant may withdraw this suit and file the same in the appropriate court. Otherwise, this suit is hereby struck out for want of jurisdiction. It is so ordered. DATED, SIGNED & DELIVERED VIRTUALLY ON THIS 23RD DAY OF JULY, 2026. HON. MBOGO C.G. JUDGE 23/07/2026. In the presence of: Mr. Benson Agunga - Court assistant Mr. Wekesa holding brief for Mr. Ariyo for the Defendant Mrs. Owino for the Plaintifi https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4730/eng@2026-07-23 2
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