[2015] KEHC 429 (KLR)
The court found that the applicant failed to provide any valuation report or other evidence to demonstrate that the estate in question exceeded the monetary jurisdiction of the Principal Magistrate's Court at Siakago. Without such proof, the court could not conclude that the lower court lacked jurisdiction....
Source-derived case information.
- Citation
- [2015] KEHC 429 (KLR)
- Parties
- Applicant: Alfred Mugo Mbicari; Respondent: Njiru Mbicari
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 54 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Succession Cause
- Outcome
- application refused
- Legal Topics
- Probate Jurisdiction, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alfred Mugo Mbicari
Applicant
Njiru Mbicari
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Succession Cause
Legal Issues
- 1 Whether the Principal Magistrate's Court at Siakago lacks monetary jurisdiction to hear Succession Cause No. 67 of 2012.
- 2 Whether sufficient evidence has been provided to justify transfer of the succession cause to the High Court.
Ratio Decidendi
The court found that the applicant failed to provide any valuation report or other evidence to demonstrate that the estate in question exceeded the monetary jurisdiction of the Principal Magistrate's Court at Siakago. Without such proof, the court could not conclude that the lower court lacked jurisdiction. Consequently, the applicant did not establish a sufficient basis for the transfer of the succession cause to the High Court. The application for transfer was therefore refused, with liberty to re-apply should evidence become available.
Court Disposition
application refused
Orders
- The application for transfer of Succession Cause No. 67 of 2012 from the Principal Magistrate's Court at Siakago to the High Court is refused.
- Liberty to re-apply is granted.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
MISC SUCCESSION CAUSE NO. 54 OF 2015
IN THE MATTER OF THE ESTATE OF CHOMBA NDICHU (DECEASED)
ALFRED MUGO MBICARI................................................APPLICANT
VERSUS
NJIRU MBICARI…............................................................RESPONDENT
RULING
This is an application for transfer under Rules 49 and 73 of the Probate and and Administration of Rules, (rules made pursuant to Chapter 160 , Laws of Kenya), in respect of succession cause No. 67 of 2012, which is pending for hearing in the Principal Magistrate's Court at Siakago. The transfer is sought because that magisterial court lacks monetary jurisdiction. Its jurisdiction is only up to Kshs 100,000/-.
The application is opposed by the respondent. In support of the opposition to the transfer, the respondent has filed a replying affidavit. According to counsel for the respondent, there is no evidence that the estate is worth more than Kshs 100,000/-. Furthermore, he has alleged that there is pending for hearing a preliminary objection in that magisterial court. He has also submitted that the transfer sought is meant to frustrate the ruling in respect of that preliminary objection.
I find that there is no proof that the magistrate's court lacks monetary jurisdiction to entertain and determine the matter in issue. There is no valuation report to substantiate the claim by the applicant that that court lacks jurisdiction.
In the light of the foregoing I find that the applicant has not made out a case for transfer of the succession cause to this court. And for this reason the application is hereby refused, with liberty to re-apply.
RULING DATED, SIGNEDand DELIVERED in open court at EMBU this 3rd day of NOVEMBER .2015
In the presence of both counsel
Court clerk Nyaga
J. M. BWONWONGA
JUDGE
03. 11. 15.