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Case Brief · caselaw.co.ke
ELCDismissedLand Case E315 of 2025

Golden Century Ltd v Sciborski

Environment and Land Court
24 September 2026
1,292 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~5 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court ruled that a landowner's eviction suit can proceed even while related appeals between the same parties are pending elsewhere.

What this practically means

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Executive summary

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The Environment and Land Court at Nairobi (Kullow J) ruled on the Defendant's Preliminary Objection dated 18th September 2026, contending that the suit offended Section 6 of the Civil Procedure Act because pending applications in Civil Appeals E368 of 2024 and E661 of 2024 between the same parties concerned the same subject matter. The Defendant argued that a determination here risked conflicting decisions with the Court of Appeal, relying on Wainaina v Waibara and the KNCHR case. The Plaintiff countered that a similar objection based on HCCOMM 298 of 2025 had already been dismissed, and that the appeals concerned enforcement of an arbitration award for breach of contract, while this suit seeks eviction of the Defendant as a trespasser - different causes of action over the same property. The court framed a single issue: whether the objection was merited. It reaffirmed that jurisdiction is everything, citing Owners of the Motor Vessel 'Lilian S'. It noted its ruling of 7th May 2026 had conclusively found that sub judice did not apply as between this suit and the High Court matter, since the matters in issue are totally different, and held that finding applied equally to the appeals arising from that matter. Adopting the Ex parte LSK test - whether a final decision in the earlier suit would operate as res judicata - the court dismissed the objection and awarded costs to 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 Notice of Preliminary Objection dated 18th September 2026 is merited

Key legal issues

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01

Whether the suit is sub judice under Section 6 of the Civil Procedure Act given pending appeals between the same parties

Holding

The objection fails because the causes of action and issues in issue differ; the appeals arise from HCCOMM 298 of 2025, whereas this suit seeks eviction for trespass

Reasoning

The court noted a prior ruling of 7th May 2026 which conclusively found that the doctrine of sub judice did not apply as between this suit and HCCOMM 298 of 2025. The pending appeals stem from that High Court matter and raise different issues (enforcement of an arbitration award) from this suit (eviction of a trespasser). The court adopted the test that sub judice applies only where the matter in issue is directly and substantially in issue in the earlier suit.

p. 3
02

Whether the objection constitutes a pure point of law on jurisdiction

Holding

Yes - if successful it would dispose of the whole suit, but it fails on the facts

Reasoning

The court reaffirmed that jurisdiction is everything and a court must first be satisfied it has jurisdiction before proceeding; jurisdiction is conferred by the Constitution or statute. A successful Section 6 objection would oust jurisdiction entirely, attaining the threshold of a pure preliminary point of law, but the court found the jurisdiction objection unsubstantiated because the matters in issue are not the same.

p. 2

Legal principles established

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  • The test for the sub judice rule is whether a final decision in the previously instituted suit would operate as res judicata in the subsequent suit

Court orders

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  1. 1.The Notice of Preliminary Objection dated 18th September 2026 is not merited and is hereby dismissed.
  2. 2.Costs be awarded to Plaintiff.

The bench

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

Wrote the judgment

Jurisdiction invoked
Environment and Land Court jurisdiction; objection based on Section 6 of the Civil Procedure Act (Cap 21) - sub judice

Relief refused

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Defendant's request that the suit be stayed/dismissed as sub judice under Section 6 of the Civil Procedure Act

The issues in this suit differ from those in the pending appeals arising from HCCOMM 298 of 2025; a conclusive finding on sub judice had already been made on 7th May 2026

p. 3

Costs

Costs be awarded to Plaintiff.

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.

That the Notice of Preliminary Objection dated 18th September 2026 is not merited and is hereby dismissed.
p. 3dismissal of preliminary objection
Costs be awarded to Plaintiff.
costs order
From the above analysis however, there can be no doubt that the matters in issue are totally different.
p. 3prior ruling quoted - issues not identical
The test for applicability of the sub judice rule is whether on a final decision being reached in the previously instituted suit, such decision would operate as res-judicata in the subsequent suit.
p. 3sub judice test

Issues in the judgment

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minor

Court's paraphrase of the Ex parte LSK passage includes 'a resounding yes' though it dismissed the objection

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, "Golden Century Ltd v Sciborski", Case Analysis (2026). Land Case E315 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5657/eng@2026-09-24

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