REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO. 2752 OF 1982 GITERE KAHURA INVESTIMENTS LTD ....................................PLAINTIFF VERSUS SAMUEL MUNDTI GATABAKI ..........................................1 ST DEFENDANT NANCY WANJA GATABAKI ..............................................2ND DEFENDANT DIRECTIONS This matter was listed for ruling today following a Notice of Preliminary Objection filed by the plaintiff/respondent herein. While preparing to write the ruling I perused the original pleadings resting with the decree made on 3 rd October, 1985 and issued on 20th January, 1987. Having done so, I related the entire record to provisions of Article 162 (2) of the Constitution and The Environment and Land Court Act No. 19 of 2011, and in particular Sections 13 and 30 thereof. The foregoing provisions of law, I believe, divest this court of any jurisdiction to address and determine the matter .Informed by the said provisions of law, I find the correct court to deal with this matter is Environment and Land Court. Accordingly, I decline to exercise any action herein and direct that this file shall be placed before the Presiding Judge of the Environment and Land Court on 5th November, 2018 for appropriate directions as to the hearing of the application herein. I note that this is one of the oldest cases in our court and priority should be accorded to any steps that shall be taken hereinafter. Counsel on record are accordingly informed. Dated, signed and delivered at Nairobi this 1st day of November, 2018. A. MBOGHOLI MSAGHA JUDGE
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.