[2017] KEHC 1070 (KLR)
The court declined to determine the preliminary objection on jurisdiction at this stage because the original file for the consolidated suit (MERU CMCC NO 213 OF 2015) had not yet been received. The absence of the file meant the court did not have all necessary records to make a proper determination on the...
Source-derived case information.
- Citation
- [2017] KEHC 1070 (KLR)
- Parties
- Applicant: Florence Kagwiria Bundi; Respondent: Julius Bundi Ringera
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 71 of 2015
- Procedural Posture
- Originating Summons / Partial Ruling on Preliminary Objection
- Outcome
- Ruling deferred; directions issued for transfer of file.
- Judges
- F Gikonyo
- Legal Topics
- Matrimonial Property, Jurisdiction of Court, Preliminary Objection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Florence Kagwiria Bundi
Applicant
Julius Bundi Ringera
Respondent
Procedural Posture
Originating Summons / Partial Ruling on Preliminary Objection
Legal Issues
- 1 Whether the court has jurisdiction to determine rights or interests in matrimonial property during the subsistence of the marriage.
- 2 Whether the action is frivolous, scandalous, vexatious, or an abuse of court process.
Ratio Decidendi
The court declined to determine the preliminary objection on jurisdiction at this stage because the original file for the consolidated suit (MERU CMCC NO 213 OF 2015) had not yet been received. The absence of the file meant the court did not have all necessary records to make a proper determination on the preliminary objection. The court directed the Deputy Registrar to forward the relevant file with all convenient speed and deferred the ruling on the preliminary objection until the file is received.
Court Disposition
Ruling deferred; directions issued for transfer of file.
Orders
- Deputy Registrar to forward file number CMCC NO 213 OF 2015 to this court with all convenient speed.
- Ruling on the preliminary objection to be delivered upon receipt of the file.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CIVIL SUIT NO. 71 OF 2015 (OS)
In the Matter of an Application under the Matrimonial Property Act, 2013
-BETWEEN-
FLORENCE KAGWIRIA BUNDI..................................APPLICANT
AND
JULIUS BUNDI RINGERA......................................RESPONDENT
PARTIAL RULING
[1] I have been invited to determine the following Respondent’s objections contained in the Notice of Preliminary Objection filed on 10th November 2015 to wit;
1. The court has no jurisdiction to determine the rights or interest of the parties herein respecting the alleged matrimonial property, during the subsistence of the marriage.
2. The action is frivolous, scandalous, vexatious and an epitome of abuse of the due process of this honourable court.
[2] Before I could determine the Preliminary Objection, I note the following important matter. By consent of parties, on 18th of May 2017, suit number MERU CMCC NO 213 OF 2015 between the Respondent and the Applicant herein was transferred andconsolidated with this cause. It was also part of the consent that both cases shall be heard together. The court is yet to receive the original file thereto.In the circumstances, therefore, the court is not in a position to determine the objection raisedin the absence of the original file, namely, MERU CMCC NO 213 OF 2015. Accordingly, therefore, I direct the Deputy Registrar to forward file number CMCCC NO 213 OF 2015 to this court with all convenient speed. Upon receipt of the file, I shall deliver ruling on the Preliminary Objection questioning the jurisdiction of this court. It is so ordered.
Dated, signed and delivered in open court at Meru this 19th day of December, 2017
-----------------
F. GIKONYO
JUDGE
In the presence of:
Mr. Gitonga advocate for Respondent
Mr. Ngeas for Mr. Wamwayi advocate for applicant
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F. GIKONYO
JUDGE