[2014] KEHC 8506 (KLR)

[2014] KEHC 8506 (KLR)

The High Court held that, by virtue of section 2 of the Matrimonial Causes Act (Cap 152), only the High Court has jurisdiction to hear and determine petitions for nullification of marriages celebrated under the Marriage Act (Cap 150) (repealed). Consequently, the proceedings instituted before the Chief Magistrate's...

Source-derived case information.

Citation
[2014] KEHC 8506 (KLR)
Parties
Applicant: J K M; Respondent: B G K
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Divorce Cause 186 of 2014
Procedural Posture
Divorce Cause / Ruling on Jurisdiction and Transfer of Suit
Outcome
Application allowed; suit transferred to High Court.
Judges
AO Muchelule
Legal Topics
Marriage Nullification, Jurisdiction of High Court, Transfer of Suit
Source Language
en
Family and Children Marriage Nullification Jurisdiction of High Court Transfer of Suit

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Summary, issues, holding and outcome

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Parties

J K M

Applicant

B G K

Respondent

Procedural Posture

Divorce Cause / Ruling on Jurisdiction and Transfer of Suit

Legal Issues

  1. 1 Whether the Chief Magistrate's Court had jurisdiction to hear and determine the petition for nullification of marriage celebrated under the Marriage Act (Cap 150) (repealed).
  2. 2 Whether the proceedings should be transferred to the High Court for hearing and determination.

Ratio Decidendi

The High Court held that, by virtue of section 2 of the Matrimonial Causes Act (Cap 152), only the High Court has jurisdiction to hear and determine petitions for nullification of marriages celebrated under the Marriage Act (Cap 150) (repealed). Consequently, the proceedings instituted before the Chief Magistrate's Court at Milimani were improperly before that court. To cure the defect and ensure the matter is heard by the proper forum, the High Court ordered the transfer of Cause No. 340 of 2013 between the parties to itself for hearing and determination. The application dated 8th September 2014 was therefore allowed.

Court Disposition

Application allowed; suit transferred to High Court.

Orders

  • Cause No. 340 of 2013 between the parties is transferred from the Chief Magistrate's Court at Milimani to the High Court for hearing and determination.
  • Application dated 8th September 2014 is allowed.