Haji v Antari Ltd & another (Land Case E579 of 2025) [2026] KEELC 3926 (KLR)
The bottom line
#Kenya's Environment and Land Court dismissed a bid to send a lease dispute to the Rent Tribunal, ruling that the objection required evidence, not just legal argument.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether this court has jurisdiction to hear and determine this suit.
Key legal issues
#Whether the Environment and Land Court has jurisdiction over the suit or whether it falls within the Business Premises Rent Tribunal under Cap 301
The preliminary objection was dismissed; it did not raise a pure point of law because determining whether a landlord/tenant relationship existed requires evidence at a hearing.
The court confined itself to the pleadings. The plaint did not disclose the specified terms of the lease said to oust the court's jurisdiction; the defendants were inviting the court to comb through the lease agreement, which is evidence. Further, the facts were disputed in the statement of defence, and whether a landlord/tenant relationship existed required a hearing, so the objection was not a pure point of law.
Legal principles established
#- A preliminary objection must consist of a pure point of law based on undisputed facts arising from the pleadings and be capable of disposing of the suit without trial.
- Jurisdiction is fundamental; a court without jurisdiction must down tools.
- An objection requiring the court to examine disputed facts, such as evidence of whether a landlord/tenant relationship existed, is not a pure point of law.
Court orders
#- 1.The notice of preliminary objection dated 8th December, 2025 is dismissed with costs to the plaintiff.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Environment and Land Court's jurisdiction over the dispute; the objection was that Sections 2(1), 11 and 15 of Cap 301 vested jurisdiction in the Business Premises Rent Tribunal
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
it is my finding that the notice of preliminary objection dated 8th December, 2025 does not raise a pure point of law, and it lacks merit. The same is hereby dismissed with costs to the plaintifi.
for a preliminary objection to succeed, the same must consist of a pure point of law, with the facts not disputed by the opposing party.
Jurisdiction is everything. Without it, a court has no power to make one more step.
The plaint as drafted does not disclose the specified terms of the lease agreement that would oust the jurisdiction of this court.
Issues in the judgment
#Submissions and delivery dates post-date or sit oddly with the filed plaint: plaint dated 12th November 2025, yet a lease dated 8th November 2025 and possession on 10th November 2025 are pleaded; the judgment also appears to describe a 2025 objection but is delivered in 2026, which may indicate typographical year errors.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Haji v Antari Ltd & another (Land Case E579 of 2025) [2026] KEELC 3926 (KLR)", Case Analysis (2026). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3926/eng@2026-06-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.