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Case Brief · caselaw.co.ke
ELCStruck OutNot stated in judgment (memorandum of appeal refers to lower court case as Nkubu PMC E & L Case No E022 of 2026, said to be E022 of 2024)

Maaru v Capital Sacco Limited & another (Land Case Appeal E040 of 2026) [2026] KEELC 2569 (KLR)

Environment and Land Court
27 April 2026
664 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court struck out a mortgage appeal, confirming that charge and mortgage disputes belong in the High Court, not land courts.

What this practically means

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Executive summary

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This ex-tempore ruling of the Environment and Land Court at Meru (B M Eboso, ELC Judge) dealt with an appeal against the judgment of the Principal Magistrate's Court at Nkubu delivered on 8 April 2026. The underlying dispute arose between a borrower/chargor (appellant) and a lender/chargee (1st respondent), in which the appellant's title had been used as collateral and the lower court suit had challenged the chargee's statutory power of sale under a charge. The court observed that the suit had been erroneously uploaded in the lower court as an environment and land case when it was in substance a civil/commercial mortgage dispute. Relying on binding Court of Appeal authority - Cooperative Bank of Kenya Ltd v Patrick Kangethe Njuguna and Bank of Africa Kenya Ltd v TSS Investment Ltd - the court held that mortgage and charge disputes fall outside the ELC's mandate and belong to the High Court's civil jurisdiction. It further held that mislabelling a commercial dispute as a land dispute at the filing stage cannot confer appellate jurisdiction on the ELC; the proper forum for this appeal is the High Court. The court also noted a possible error in the lower court case number in the memorandum of appeal (E022 of 2026, said by counsel to be E022 of 2024). Accordingly, the appeal was struck out, with the court declining jurisdiction in keeping with the Owners of Motor Vessels 'Lillian S' principle, and no order as to costs was made. The parties are unnamed in the judgment as reproduced.

Questions the Court framed

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

  1. 1.Whether the Environment and Land Court has appellate jurisdiction over a suit that was essentially a mortgage/charge dispute erroneously filed as an environment and land case in the lower court

Key legal issues

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01

Jurisdiction of the ELC over mortgage/charge disputes

Holding

The ELC has no jurisdiction; mortgage and charge disputes fall within the High Court's civil jurisdiction

Reasoning

The Court of Appeal has repeatedly held that ELC jurisdiction under Section 13 of the ELC Act covers disputes connected to the 'use' of land and contracts incidental to such use, but not mortgages, charges or collection of dues. Those decisions bind this court. Since the lower court suit challenged the chargee's statutory power of sale, the appeal lay to the High Court, not the ELC.

p. 2
02

Effect of erroneous filing on appellate jurisdiction

Holding

Mislabelling a commercial dispute as a land case at filing does not confer jurisdiction on the ELC

Reasoning

The court emphasized that jurisdiction is determined by the true nature of the dispute, not the label used at filing. The suit was erroneously uploaded as an environment and land case when it was a civil/commercial mortgage dispute; the proper appellate forum is the High Court notwithstanding the filing error.

p. 3

Legal principles established

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  • Mortgage and charge disputes fall outside the jurisdiction of the Environment and Land Court and belong to the civil jurisdiction of the High Court
  • Erroneous filing of a civil/commercial dispute as a land dispute does not confer appellate jurisdiction on the ELC

Court orders

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  1. 1.The appeal is struck out
  2. 2.The court declines to exercise jurisdiction (downs its tools)
  3. 3.No order as to costs

The bench

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

majority

Wrote the judgment

On appeal from
Principal Magistrate's Court at Nkubu
Nkubu PMC E & L Case No E022 of 2026 (counsel stated it should read E022 of 2024)
Jurisdiction invoked
Appellate jurisdiction of the Environment and Land Court under the ELC Act; court found it lacked jurisdiction as the dispute was a mortgage/charge matter belonging to the High Court

Relief refused

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Hearing of the appeal on its merits

The appeal was filed in the wrong court; the ELC lacks jurisdiction over mortgage/charge disputes

p. 3

Costs

There will be no order as to costs.

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.

For the above reasons, this appeal is struck out and the court hereby downs its tools in tandem with the principle in Owners of Motor Vessels “Lillian S” v Caltex Oil (K) Ltd
p. 3Strike out for lack of jurisdiction
uploading a civil/commercial dispute as a land dispute in the lower court does not confer appellate jurisdiction upon the Environment and Land Court
p. 3Effect of misfiled suit on jurisdiction
There will be no order as to costs.
p. 4Costs

Issues in the judgment

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minor

Date discrepancy: lower court judgment stated as rendered on 8/4/2026 while this judgment is dated 27 April 2026, and the lower court case number is noted as possibly erroneous (E022 of 2026 vs E022 of 2024)

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, "Maaru v Capital Sacco Limited & another (Land Case Appeal E040 of 2026) [2026] KEELC 2569 (KLR)", Case Analysis (2026). Not stated in judgment (memorandum of appeal refers to lower court case as Nkubu PMC E & L Case No E022 of 2026, said to be E022 of 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2569/eng@2026-04-27

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