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JudgmentBLUE HEART INTERNATIONAL ORGANIZATION VS BHANUMATI KARSAN SENGHAI AND SURE AUCTIONEERS1 min read

BLUE HEART INTERNATIONAL ORGANIZATION VS BHANUMATI KARSAN SENGHAI AND SURE AUCTIONEERS

High Court at Mombasa High Court · · Jairus Ngaah

I have read the applicant's application dated 31 March 2026, filed under a certificate of urgency of even date. The dispute in the lower court appears to be over the use or ownership of land, in which event it is doubtful whether this Honourable Court has jurisdiction to entertain it. Section 13. (2) (a) of the Environment and Land Court cap. 8D states that the Jurisdiction of the Court in exercise of its jurisdiction under Article 162(2)(b) of the Constitution, the Court shall have power to hear and determine disputes relating to environmental planning and protection, climate issues, land use planning, title, tenure, boundaries, rates, rents, valuations, mining, minerals and other natural resources. Under section 13(4), appeals arising from the lower courts on these disputes fall within the jurisdiction of the Environment and Land Court.
Parties are invited to make their submissions on this issue before the court can grant any order. In the meantime, the application shall be served for mention for directions on 11 May 2026. It is so ordered.