Case ID:162590

Akhan Holdings Limited & another v National Social Security Fund Board of Trustees [2020] eKLR

Case Metadata

Case Number:

Civil Application 94 of 2020

Parties:

Akhan Holdings Limited & Sammy Boit Arap Kogo v National Social Security Fund Board of Trustees

Date Delivered:

07 Aug 2020

Case Class:

Civil

Court:

Court of Appeal at Nairobi

Case Action:

Ruling

Judge(s):

Roselyn Naliaka Nambuye, Hannah Magondi Okwengu, Daniel Kiio Musinga

Citation:

Akhan Holdings Limited & another v National Social Security Fund Board of Trustees [2020] eKLR

Case History:

Being an appeal from the Judgment of the High Court of Kenya at Nairobi (Farah Amin, J.) dated on 19th November 2019) in H.C.C.C. No. 268 OF 2004

Court Division:

Civil

County:

Nairobi

History Docket No:

HCCC 268 of 2004

History Judges:

Farah S.M Amin

History County:

Nairobi

Case Outcome:

Appeal allowed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: NAMBUYE, OKWENGU & MUSINGA, JJ.A.)

CIVIL APPLICATION NO. 94 OF 2020

BETWEEN

AKHAN HOLDINGS LIMITED...........................................................1

ST

APPLICANT

SAMMY BOIT ARAP KOGO...............................................................2

ND

APPLICANT

AND

NATIONAL SOCIAL SECURITY FUND BOARD OF TRUSTEES......RESPONDENT

(Being an appeal from the Judgment of the High Court of Kenya at Nairobi

(Farah Amin, J.)

dated on 19th

November 2019)

in H.C.C.C. No. 268 OF 2004)

************************************

RULING OF THE COURT

1. This is an application for an injunction and/or stay of proceedings pending the hearing and determination of an appeal against the ruling and order of Farah Amin, J. delivered on 19th November, 2019.

2. The facts that gave rise to this application are that sometime in August

2019 the applicants filed an application seeking to transfer

HCCC No. 268 of

2004

from the Commercial and Admiralty Division of the High Court to the Environment and Land Court. The gravamen of that application was that the suit raised pertinent questions touching on ownership of a parcel of land known

as L.R. No. 18486

and under

Article 162 (2) (b)

of the

Constitution

it is only the

Environment and Land Court

that has jurisdiction to determine the dispute.

3. Vide a ruling delivered on 19th November 2019, the learned judge dismissed the application on grounds,

inter alia

, that what was before the court was a dispute that fell squarely within the jurisdiction of the Environment and Land Court, but that notwithstanding, directed that the file be placed before the presiding judge of the Commercial and Admiralty Division for re-allocation.

4. The application was not opposed and no appearance was made by the respondents.

5. We are satisfied that the intended appeal is arguable. As regards the

nugatory aspect, we agree with the applicant’s contention that unless the orders sought are granted the suit may proceed to be heard and determined before a court that may have no jurisdiction.

6. We therefore grant the orders as sought and make no orders as to costs.

Dated and delivered at Nairobi this 7

th

day of August, 2020.

R.N. NAMBUYE

...................................

JUDGE OF APPEAL

HANNAH OKWENGU

..................................

JUDGE OF APPEAL

D.K. MUSINGA

...................................

JUDGE OF APPEAL

I certify that this is a true copy of the original.

Signed

DEPUTY REGISTRAR