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ELCOtherNot stated in the judgment excerpt

Lerionka v Tentei (Land Case E102 of 2024) [2026] KEELC 1839 (KLR)

Environment and Land Court
24 March 2026
315 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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A Kenyan land court stopped a duplicate lawsuit because the same dispute was already pending in a Kajiado magistrates' court, and gave the defendant a second chance to file its defence.

What this practically means

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Executive summary

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This ruling by the Environment and Land Court at Kajiado (M.D. Mwangi, Judge) is a follow-up to the court's ruling of 27th November 2025, in which the file in Kajiado CMELC E145 of 2024 before the Chief Magistrate's Court at Kajiado was directed to be availed for appropriate directions. The parties had submitted that the two matters were between the same parties and concerned the same subject matter. Having perused the pleadings in both files, the court confirmed that the two cases indeed relate to the same subject matter and are between the same parties. The court then allowed the Defendant's Notice of Motion dated 26th September 2025, setting aside the ex-parte proceedings in the suit before it and deeming the Defendant's Statement of Defence and accompanying documents as duly filed upon payment of the requisite court fees within fourteen days. Because the suit before the Chief Magistrate's Court at Kajiado was filed earlier in time, the court held that the suit before it was sub judice under Section 6 of the Civil Procedure Act and issued an order of stay of this suit pending hearing and determination of Kajiado CMELC E145 of 2024. Exercising its powers under Section 18(b)(iii) of the Civil Procedure Act, the court retransferred the file Kajiado CMELC 145 of 2024 back to the Chief Magistrate's Court at Kajiado for trial and disposal. The court made no orders as to costs. Mr. Oyagi appeared for the Defendant and Ms. Kyalo for the Plaintiff.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the matter before the Court and Kajiado CMELC E145 of 2024 involve the same parties and the same subject matter
  2. 2.Whether the ex-parte proceedings in this suit should be set aside and the Defendant's Statement of Defence deemed filed
  3. 3.Whether this suit should be stayed pending determination of the earlier suit before the Chief Magistrate's Court at Kajiado
  4. 4.Whether the file Kajiado CMELC E145 of 2024 should be retransferred to the Chief Magistrate's Court at Kajiado

Key legal issues

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01

Duplication of suits and sub judice

Holding

The suit before this court, having been filed later than the suit before the Chief Magistrate's Court at Kajiado, is sub judice under Section 6 of the Civil Procedure Act and is stayed pending the hearing and determination of the earlier suit.

Reasoning

The court perused the pleadings in both matters and confirmed that they relate to the same subject matter and are between the same parties. Because the Chief Magistrate's Court suit was filed earlier in time, Section 6 of the Civil Procedure Act rendered the later suit sub judice, warranting a stay of this suit pending disposal of Kajiado CMELC E145 of 2024.

p. 1
02

Setting aside ex-parte proceedings and deemed filing of defence

Holding

The Defendant's Notice of Motion dated 26th September 2025 was allowed; the ex-parte proceedings were set aside and the Statement of Defence with documents deemed duly filed upon payment of requisite fees within fourteen days.

Reasoning

Following the court's earlier ruling of 27th November 2025 directing that the Kajiado CMELC E145 of 2024 file be availed, and upon confirming the duplication of parties and subject matter, the court exercised its discretion to allow the Defendant's application, set aside the ex-parte proceedings and admit the defence documents to filing upon payment of court fees.

p. 1
03

Retransfer of the file to the Chief Magistrate's Court

Holding

Under Section 18(b)(iii) of the Civil Procedure Act, the court retransferred Kajiado CMELC 145 of 2024 to the Chief Magistrate's Court at Kajiado for trial and disposal.

Reasoning

Having stayed its own suit as sub judice and having earlier entertained the file by way of transfer, the court exercised its power under Section 18(b)(iii) of the Civil Procedure Act to return the Kajiado CMELC 145 of 2024 file to the Chief Magistrate's Court at Kajiado, the court of first filing, for trial and disposal.

p. 2

Legal principles established

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  • Where two suits between the same parties relate to the same subject matter, the suit filed later is sub judice under Section 6 of the Civil Procedure Act and may be stayed in favour of the earlier-filed suit.

Court orders

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  1. 1.Allowed the Defendant's Notice of Motion dated 26th September 2025 and set aside the ex-parte proceedings in this case
  2. 2.Deemed the Statement of Defence and documents attached to the Defendant's application dated 26th September 2025 as duly filed upon payment of requisite court fees within fourteen (14) days
  3. 3.Issued an order of stay of this suit pending hearing and determination of Kajiado CMELC E145 of 2024 before the Chief Magistrate at Kajiado
  4. 4.Under Section 18(b)(iii) of the Civil Procedure Act, retransferred file Kajiado CMELC 145 of 2024 back to the Chief Magistrate's Court at Kajiado for trial and disposal
  5. 5.No orders as to costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Sections 6 and 18(b)(iii) of the Civil Procedure Act

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

This court therefore allows the Defendant's Notice of Motion dated 26th September 2025 and sets aside the ex-parte proceedings in this case.
p. 1Setting aside ex-parte proceedings
The court therefore issues an order of stay of this suit pending hearing and determination of the suit before the Chief Magistrate being Kajiado CMELC E145 of 2024.
p. 1Stay of suit - sub judice
Consequently, under the provisions of Section 18(b)(iii) of the Civil Procedure Act, the court retransfers the file Kajiado CMELC 145 of 2024 back to the Chief Magistrate Court at Kajiado for trial and disposal accordingly.
p. 2Retransfer of file
There shall be no orders as to costs.
p. 2Costs

Issues in the judgment

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material

The judgment does not state the case title or case number of the suit before this court; the file number referenced (Kajiado CMELC E145 of 2024) is the Chief Magistrate's Court matter.

minor

The delivery date appears in the future relative to the referenced prior ruling of 27th November 2025 and the internal chronology, and the signature line date (24th March 2026) may be an error.

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Lerionka v Tentei (Land Case E102 of 2024) [2026] KEELC 1839 (KLR)", Case Analysis (2026). Not stated in the judgment excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1839/eng@2026-03-24

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.