[2021] KEHC 5198 (KLR)
The High Court determined that it lacked jurisdiction to entertain the application for stay of proceedings because the substantive matter related to land and should have been filed in the Environment and Land Court (ELC). The court relied on the principle that jurisdiction is fundamental and must be established...
Source-derived case information.
- Citation
- [2021] KEHC 5198 (KLR)
- Parties
- Applicant: Joel Ojunga Njore; Respondent: Jackline Odhiambo Onyango; Respondent: Fred Otieno Osida; Respondent: Kennedy Odhiambo Ongidi
- Court
- High Court
- Court Station
- High Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Probate & Administration 388 of 2014
- Procedural Posture
- Probate and Administration / Ruling on Notice of Motion for Stay of Proceedings
- Outcome
- Application struck out for want of jurisdiction.
- Judges
- KW Kiarie
- Legal Topics
- Jurisdiction of Court, Stay of Proceedings, Succession Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joel Ojunga Njore
Applicant
Jackline Odhiambo Onyango
Respondent
Fred Otieno Osida
Respondent
Kennedy Odhiambo Ongidi
Respondent
Procedural Posture
Probate and Administration / Ruling on Notice of Motion for Stay of Proceedings
Legal Issues
- 1 Whether the High Court has jurisdiction to grant a stay of proceedings in a matter that falls under the Environment and Land Court (ELC).
- 2 Whether there is a pending application for revocation justifying a stay of proceedings.
Ratio Decidendi
The High Court determined that it lacked jurisdiction to entertain the application for stay of proceedings because the substantive matter related to land and should have been filed in the Environment and Land Court (ELC). The court relied on the principle that jurisdiction is fundamental and must be established before any further steps are taken in a matter. Since the court had no jurisdiction, it could not grant the orders sought and was compelled to strike out the application with costs.
Court Disposition
Application struck out for want of jurisdiction.
Orders
- The application is struck out with costs.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT HOMA BAY
PROBATE & ADMINSTRATION NO.388 OF 2014
IN THE MATTER OF THE ESTATE OF:
MAURICE ONYANGO OJUNGA (DECEASED)
BETWEEN
JOEL OJUNGA NJORE.....................................................1ST APPLICANT
JACKLINE ODHIAMBO ONYANGO .........................2ND RESPONDENT
FRED OTIENO OSIDA...................................................3RD RESPONDENT
AND
KENNEDY ODHIAMBO ONGIDI........................................RESPONDENT
RULING
1. The three applicants moved the court by way of Notice of Motion dated 15th February, 2021 under sections 3A, 6 & 80 of the Civil Procedure Act and sections 45, 70 & 93 of the Law of Succession Act. They are seeking the following orders:
a) That this application be certified as urgent and service upon the parties be dispensed with in the first instance. [Spent]
b) That there be a stay of proceedings in Oyugis SPM ELC case pending the hearing of the application for revocation pending in court.
c) That costs be in the cause.
2. The application is premised on the following grounds:
a) That the respondent have taken a date in respect of Oyugis SPM ELC case.
b) That the applicants will be prejudiced.
3. The application was opposed on ground that there no application pending for revocation.
4. This court has no supervisory jurisdiction on ELC matters. This matter ought to have been filed in an ELC court. In the case of of Owners of the Motor Vessel “Lillian S” vs. Caltex Oil (Kenya) Ltd [1989] KLR 1 the court of appeal(Nyarangi JA) held as follows:
I think that it is reasonably plain that a question of jurisdiction ought to be raised at the earliest opportunity and the court seized of the matter is then obliged to decide the issue right away on the material before it. Jurisdiction is everything. Without it, a court has no power to make one more step. Where a court has no jurisdiction, there would be no basis for a continuation of proceedings pending other evidence. A court of law downs tools in respect of the matter before it the moment it holds the opinion that it is without jurisdiction.
5. I therefore find that I lack jurisdiction to entertain this application. The same is struck out with costs.
DELIVERED AND SIGNED AT HOMA BAY THIS 14TH DAY OF JULY, 2021
KIARIE WAWERU KIARIE
JUDGE