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Post Reply: Court of Appeal Redirects Gikomba Riyadha Property Dispute to Land Court

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on July 15, 2025, 8:01 am</div><div id="pl-6964"  class="panel-layout" ><div id="pg-6964-0"  class="panel-grid panel-no-style" ><div id="pgc-6964-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-6964-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr">The Court of Appeal in Nairobi has overturned a High Court ruling in a significant lease dispute involving the Pumwani Riyadha Mosque Committee and Gikomba Business Centre Limited. The decision, delivered on July 11, 2025, redirects the case to the Environment and Land Court for further hearing.</p>
<p dir="ltr">The dispute centers on a 35-year lease agreement for Land Reference No. 209/19680, contested between the mosque committee and the business center. A three-judge bench, comprising Justices Kiage M'Inoti, Lydia Achode, and Weldon Korir, ruled that the High Court lacked jurisdiction over the matter. The judges determined that the Environment and Land Court is the appropriate venue for resolving disputes related to land and lease agreements.</p>
<p dir="ltr">The legal battle began when Gikomba Business Centre Limited filed a suit in the High Court, challenging the lease terms. On December 5, 2024, High Court Judge Alfred Mabeya declined to strike out the suit, prompting an appeal from the Pumwani Riyadha Mosque Committee and its Registered Trustees. The appellants argued that the case should be handled by a specialized court equipped to address land-related issues.</p>
<p dir="ltr">This ruling marks a significant development in the ongoing dispute, which has drawn attention due to the economic and cultural importance of the Gikomba market and the Pumwani Riyadha Mosque. The market, a vital economic hub in Nairobi, supports thousands of traders, transporters, and laborers, while the mosque holds significant religious and community value.</p>
<p dir="ltr">The Court of Appeal's decision to redirect the case underscores the importance of jurisdictional clarity in land disputes, ensuring that specialized courts handle such matters to provide fair and informed rulings. The case now awaits scheduling in the Environment and Land Court, where both parties will present their arguments.</p>
<p dir="ltr">Stakeholders in the Gikomba market and the Pumwani Riyadha Mosque community are closely watching the proceedings, as the outcome could impact the future of the lease and the operations of the market. Further updates are expected as the Environment and Land Court takes up the case.</p>
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