Case ID:170964

George Mateyi Gabriel & 3 others Both t/a Deljo Enterprises Ltd v Family Bank Ltd [2020] eKLR

Case Metadata

Case Number:

Environment and Land Case 5 of 2013

Parties:

George Mateyi Gabriel, Joseph Malala, Dennis S. Nawate & Sella N Nasimiyu Both t/a Deljo Enterprises Ltd v Family Bank Ltd

Date Delivered:

27 Feb 2020

Case Class:

Civil

Court:

Environment and Land Court at Bungoma

Case Action:

Order

Judge(s):

Boaz Nathan Olao

Citation:

George Mateyi Gabriel & 3 others Both t/a Deljo Enterprises Ltd v Family Bank Ltd [2020] eKLR

Advocates:

Mr Murunga for Mr Aswani for the Applicant

Mr Kituyi for the Respondent

Court Division:

Environment and Land

County:

Bungoma

Advocates:

Mr Murunga for Mr Aswani for the Applicant

Mr Kituyi for the Respondent

History Advocates:

Both Parties Represented

Case Outcome:

Suit transferred to High Court

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 ENVIRONMENT AND LAND COURT AT BUNGOMA

ELC CASE NO. 05 OF 2013.

GEORGE MATEYI GABRIEL.......................................................PAINTIFF

VERSUS

JOSEPH MALALA .................................................................1

ST

DEFENDANT

DENNIS S. NAWATE...............................................................2

ND

DEFENDANT

SELLA N. NASIMIYU

BOTH T/A DELJO ENTERPRISES LTD.............................3

RD

DEFENDANT

FAMILY BANK LTD................................................................4

TH

DEFENDANT

O R D E R

This Court was due to deliver a ruling on the plaintiff’s application dated 30

th

August 2017.

However, since 12

th

October 2017 when the Court of Appeal delivered it’s Judgment in

CO – OPERATIVE BANK OF KENYA LTD.V. PATRICK KANGETHE & OTHERS 2017 eKLR

, this Court has been divested of the jurisdiction to determine disputes relating to charges. From the plaint dated 10

th

August 2012 and filed herein on 11

th

July 2012, this dispute relates to a charge registered over land parcels

NO EAST BUKUSU/S.KANDUYI/15325

,

15326

,

15327

,

15328

,

15329

and

15330

by the plaintiff in favour of the 4

th

defendant. Submissions were invited and filed by both parties. Upon perusal of the pleadings, it is clear that this Court has no jurisdiction to determine the suit and the application dated 30

th

August 2017. Indeed, in his submissions,

MR KITUYI

counsel for the 4

th

defendant has made the following submission on the issue of jurisdiction: -

“Further, this being a commercial transaction, this Honourable Court has no jurisdiction to deal with this matter making the entire application and the suit bad in law, defective and incompetent hence should be struck out.”

I agree that on the basis of the decision in

CO-OPERATIVE BANK OF KENYA .V. PATRICK KANGETHE

(supra), this Court has no jurisdiction. But I don’t take the view that I should strike out this suit and the application dated 30

th

August 2017. The proper thing to do is to transfer this suit to the High Court. I therefore, make the following order: -

1. This suit be and is hereby transferred to the High Court for mention on 3

rd

March 2020 to take further directions on the application dated 30

th

August 2017.

Boaz N. Olao.

J U D G E

27

th

February 2020

Mr Murunga for Mr Aswani for Applicant present

Mr Kituyi for Respondent present

Joy/Okwaro – Court Assistants

Boaz N. Olao.

J U D G E

27

th

February 2020