[2024] KEHC 7985 (KLR)
The High Court held that its jurisdiction to transfer a suit is limited to instances where the suit was initially filed in a court with competent jurisdiction. Since the applicant admitted that the value of the estate was Kshs 51,000,000, which exceeds the Chief Magistrate's pecuniary jurisdiction of Kshs...
Source-derived case information.
- Citation
- [2024] KEHC 7985 (KLR)
- Parties
- Applicant: Nelson Cassey Mandela Reith; Respondent: Ruth O Opoti; Respondent: Kent JO Libiso
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause E043 of 2023
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Notice of Motion to Transfer Suit
- Outcome
- application dismissed
- Judges
- MS Shariff
- Legal Topics
- Jurisdiction of Courts, Pecuniary Jurisdiction, Transfer of Suits, Abuse of Court Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nelson Cassey Mandela Reith
Applicant
Ruth O Opoti
Respondent
Kent JO Libiso
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Notice of Motion to Transfer Suit
Legal Issues
- 1 Whether the High Court can transfer a suit filed in a court lacking pecuniary jurisdiction.
- 2 Whether the application to transfer the suit constitutes an abuse of court process.
Ratio Decidendi
The High Court held that its jurisdiction to transfer a suit is limited to instances where the suit was initially filed in a court with competent jurisdiction. Since the applicant admitted that the value of the estate was Kshs 51,000,000, which exceeds the Chief Magistrate's pecuniary jurisdiction of Kshs 20,000,000, the lower court lacked jurisdiction ab initio. The application to transfer was therefore an attempt to defeat a pending preliminary objection on jurisdiction and amounted to sharp practice and abuse of court process. The court dismissed the application as devoid of merit.
Court Disposition
application dismissed
Orders
- The application dated 24th June, 2024 is dismissed summarily.
- No orders as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
In re Estate of Joseph Konrad Reith alias Josef Konrad Beith alias Joseph Reith Ritz (Deceased) (Miscellaneous Succession Cause E043 of 2023) [2024] KEHC 7985 (KLR) (1 July 2024) (Ruling)
Neutral citation: [2024] KEHC 7985 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Cause E043 of 2023
MS Shariff, J
July 1, 2024
IN THE MATTER OF THE ESTATE OF JOSEPH KONRAD REITH alias JOSEF KONRAD BEITH alias JOSEPH REITH RITZ (DECEASED)
Between
Nelson Cassey Mandela Reith
Petitioner
and
Ruth O Opoti
1st Objector
Kent JO Libiso
2nd Objector
Ruling
1. I have considered the Petitioner’s/Applicant’s notice of motion dated 24th June, 2024 brought under the provisions of Sections 1A, 1B, 3A and 18 of the Civil Procedure Act CAP 21 Laws of Kenya and the supporting affidavit of Nelson Cassey Mandela Reith sworn on even date and I do note that whereas this court has the jurisdiction to transfer a suit from one court to another, such jurisdiction can only be exercised where the suit was in the first instance filed in a court that has jurisdiction to hear the matter and not otherwise.
2. The Applicant herein concedes that the value of the estate of the deceased Josef Konrad Reith alias Josef Konrad Beith alias Joseph Reith ritz has been valued at Kshs 51,000,000 yet the Applicant who is represented by advocates opted to file it in the Chief Magistrate’s court whose pecuniary jurisdiction is limited to Kshs 20,000,000.
3. Disclosure has been made of a pending preliminary objection raised by the Objectors in Kisumu CM Succ. Cause No E405 of 2023 on the issue of jurisdiction. It is thus obvious that this application is aimed at defeating the Objectors’ said preliminary objection and is in essence what is termed as sharp practice and a gross abuse of court process, which conduct this court will not countenance.
4. On the balance this application is devoid of merit and I thus dismiss it summarily with no orders as to costs.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 1ST DAY OF JULY, 2024. M. S. SHARIFFJUDGE