Case ID:165580

Margaret Wanjiru Ndungu v Kiamumbi Farmers Co-opertive Society Limited & another [2020] eKLR

Case Metadata

Case Number:

Civil Appeal 653 of 2016

Parties:

Margaret Wanjiru Ndungu v Kiamumbi Farmers Co-opertive Society Limited & Kiamumbi Multipurpose Co-operative Society Limited

Date Delivered:

15 Oct 2020

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Directions

Judge(s):

Amraphael Mbogholi-Msagha

Citation:

Margaret Wanjiru Ndungu v Kiamumbi Farmers Co-opertive Society Limited & another [2020] eKLR

Case History:

(Being an Appeal from the Judgment and Decree of the Hon.Chairman and Members of the Co-operative Tribunal delivered on

27th September, 2016)

Court Division:

Civil

County:

Nairobi

Case Outcome:

Appeal transferred to the Environment and Land Court for hearing and determination

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

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CIVIL APPEAL NO. 653 OF 2016

MARGARET WANJIRU NDUNGU

As Administrator of the Estate of the late Peter Kanari Kabati .................APPELLANT

VERSUS

KIAMUMBI FARMERS CO-OPERTIVE

SOCIETY LIMITED ............................................................................1

ST

RESPONDENT

KIAMUMBI MULTIPURPOSE CO-OPERATIVE

SOCIETY LIMITED .......................................................................... 2

ND

RESPONDENT

(Being an Appeal from the Judgment and Decree of the Hon. Chairman and Members of the Co-operative Tribunal delivered on 27

th

September, 2016)

DIRECTIONS

This court set todays date for the judgment of this appeal. However, when I retired to prepare the judgment herein I noted the claim set out in the statement of claim dated 18

th

May, 2015 related to a dispute involving a piece of land described as plot 693-B. The claimant sought an allotment of an alternative plot of land in place of the said plot or a monetary compensation of the current value. It is clear therefore that this is a dispute relating to land that falls under the provisions of Environment and Land Court Act. No. 19 of 2011.

The appeal from the Tribunal should therefore have been lodged and heard by the ELC in accordance with Section 13 of the said Act.

Accordingly, I declare lack of jurisdiction and transfer this appeal to the ELC for hearing and determination. The Deputy Registrar shall facilitate the transfer of this record to the said court.

Dated and delivered at Nairobi this 15

th

day of October, 2020.

A.MBOGHOLI MSAGHA

JUDGE