[2015] KEHC 3156 (KLR)
The court held that since the suit was struck out after a preliminary objection was upheld on the ground of lack of jurisdiction, reinstating the suit would serve no purpose. Jurisdiction is a threshold issue that goes to the root of the court's authority to entertain a matter. Once it is determined that the court...
Source-derived case information.
- Citation
- [2015] KEHC 3156 (KLR)
- Parties
- Plaintiff: Charles Wepukhulu; Defendant: Bungoma Teachers Cooperative Savings & Credit Society Ltd
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 113 of 2011
- Procedural Posture
- Civil Suit / Ruling on Application to Reinstate Suit
- Outcome
- application dismissed with costs
- Legal Topics
- Jurisdiction of Court, Reinstatement of Suit, Preliminary Objection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Wepukhulu
Plaintiff
Bungoma Teachers Cooperative Savings & Credit Society Ltd
Defendant
Procedural Posture
Civil Suit / Ruling on Application to Reinstate Suit
Legal Issues
- 1 Whether the suit should be reinstated after being struck out for lack of jurisdiction.
- 2 Whether reinstatement would serve any legal purpose given the court's lack of jurisdiction.
Ratio Decidendi
The court held that since the suit was struck out after a preliminary objection was upheld on the ground of lack of jurisdiction, reinstating the suit would serve no purpose. Jurisdiction is a threshold issue that goes to the root of the court's authority to entertain a matter. Once it is determined that the court lacks jurisdiction, any further proceedings, including reinstatement, are a nullity. The application to reinstate the suit was therefore dismissed with costs.
Court Disposition
application dismissed with costs
Orders
- The application to reinstate the suit is dismissed with costs.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CIVIL SUIT NO. 113 OF 2011
CHARLES WEPUKHULU ….............................................................. PLAINTIFF
VERSUS
BUNGOMA TEACHERS COOPERATIVE
SAVINGS & CREDIT SOCIETY LTD.............................................. DEFENDANT
RULING
Application before court is dated 16th March 2012 brought by way of Notice of Motion. The main issue is to reinstate a suit struck out due to lack of jurisdiction and none attendance.
The application is opposed.
My reading of the ruling being sought to be set aside is clear that the suit was struck out after hearing of a preliminary objection as the court lacks jurisdiction and not non-attendance.
The question is whether reinstating of the suit will serve any purpose at all? The answer is quite simple none at all as the position of the court remains. Jurisdiction is everything to a court. Lack of jurisdiction is a matter of law and goes to the core of any suit. This being the case the application is dismissed with costs.
Dated at Bungoma this 10th day of March 2015.
ALI-ARONI
JUDGE.