[2000] KEHC 207 (KLR)
The High Court found that the Chief Magistrate's Court acted without jurisdiction in hearing and making orders in Civil Suit EJ597 of 1994, as the monetary value of the claim far exceeded the statutory limit of Kshs.10,000/= applicable to magistrates at the time. The refusal to set aside the ex parte judgment...
Source-derived case information.
- Citation
- [2000] KEHC 207 (KLR)
- Parties
- Applicant: Amos Mathias Mngenyi; Respondent: The Chief Magistrate’s Court Milimani Nairobi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Children Miscellaneous Application 63 of ??
- Procedural Posture
- Miscellaneous Application / Ruling on Judicial Review Application
- Outcome
- Application allowed. Orders of certiorari and prohibition granted.
- Legal Topics
- Judicial Review, Certiorari, Prohibition Orders, Jurisdictional Limits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amos Mathias Mngenyi
Applicant
The Chief Magistrate’s Court Milimani Nairobi
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Judicial Review Application
Legal Issues
- 1 Whether the Chief Magistrate's Court had jurisdiction to hear Civil Suit EJ597 of 1994 given the monetary limits imposed by law.
- 2 Whether the refusal to set aside the ex parte judgment without hearing the applicant was lawful.
- 3 Whether judicial review remedies of certiorari and prohibition are available in the circumstances.
Ratio Decidendi
The High Court found that the Chief Magistrate's Court acted without jurisdiction in hearing and making orders in Civil Suit EJ597 of 1994, as the monetary value of the claim far exceeded the statutory limit of Kshs.10,000/= applicable to magistrates at the time. The refusal to set aside the ex parte judgment without affording the applicant a hearing further compounded the procedural impropriety. The applicant was entitled to seek judicial review remedies, and the court granted orders of certiorari to quash the impugned decision and prohibition to restrain the magistrate from further proceedings in the matter.
Court Disposition
Application allowed. Orders of certiorari and prohibition granted.
Orders
- Order of certiorari issued to quash the decision and order of the Chief Magistrate's Court, Milimani, given on 30/9/1999 in Civil Suit EJ597 of 1994.
- Order of prohibition issued restraining the Chief Magistrate from hearing or making further orders in Civil Suit EJ597 of 1994.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
H.C.C.C. MISC. APPLICATION NO. 63 OF 2000
AMOS MATHIAS MNGENYI............................................................................... APPLICANT
V E R S U S
THE CHIEF MAGISTRATE’S COURT MILIMANI NAIROBI.................................. RESPONDENT
R U L I N G
The exparte applicant Amos Mathias Mngenyi seeks Orders of certiorari to remove into this High Court and quash the decision and order of the Chief Magistrates Court, Milimani, given on 30/9/1999 in the Civil Suit EJ597 of 1994.
He also seeks orders of production prohibiting the said magistrate from hearing or continuing to hear the aforesaid Civil Suit EJ 597/94 or making any further orders therein.
During the proceedings of the said case an exparte judgment had been entered against the exparte. He sort for orders to set them aside but this was declined. None of the parties were heard.
The exparte applicant sort a judicial review on the grounds that the magistrate had no preliminary jurisdiction to hear the suit nor was heard, The initial sum was about Kshs.300,000/= and the amount to be executed was about Kshs.800,000/=. The magistrates jurisdiction being Kshs.10,000/=.
The decision for refusal to set aside the exparte orders without being heard was made.
The preliminary jurisdiction being Kshs.10,000/= the trial magistrate was not permitted to deal with the case.
I note that the applicant could have appealed against the decision of the magistrate. He chose to come in by way of judicial review. I am satisfied that this is an appropriate order to make. I hereby allow the said relief sort.
Dated this 15th day of June, 2000 at Nairobi.
M. Ang’awa
JUDGE