[2009] KEHC 1352 (KLR)
The court held that since the Principal Magistrate’s Court lacked jurisdiction over the value of the estate in question, the succession cause filed there was legally invalid. As a result, there was no valid suit capable of being transferred to the High Court. The proper course of action would be to withdraw the...
Source-derived case information.
- Citation
- [2009] KEHC 1352 (KLR)
- Parties
- Applicant: Joseph Kimeto Chepkwony; Respondent: Kiprop Arap Korir; Respondent: Stephen Kimenjo Choge
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 32 of 2004
- Procedural Posture
- Miscellaneous Succession Cause / Ruling on Application to Transfer Succession Cause to High Court
- Outcome
- application dismissed
- Judges
- JL Osiemo
- Legal Topics
- Probate and Administration, Jurisdiction of Courts, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Kimeto Chepkwony
Applicant
Kiprop Arap Korir
Respondent
Stephen Kimenjo Choge
Respondent
Procedural Posture
Miscellaneous Succession Cause / Ruling on Application to Transfer Succession Cause to High Court
Legal Issues
- 1 Whether the High Court can transfer a succession cause from the Principal Magistrate’s Court where the latter lacks jurisdiction over the value of the estate.
- 2 Whether a suit filed in a court without jurisdiction can be transferred to a court with jurisdiction.
Ratio Decidendi
The court held that since the Principal Magistrate’s Court lacked jurisdiction over the value of the estate in question, the succession cause filed there was legally invalid. As a result, there was no valid suit capable of being transferred to the High Court. The proper course of action would be to withdraw the invalid suit and file a fresh cause in a court with the requisite jurisdiction. The application to transfer the matter was therefore dismissed.
Court Disposition
application dismissed
Orders
- The application to transfer Kapsabet PMCC Succession Cause No. 65 of 2000 to the High Court is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT ELDORET
MISCELLANEOUS SUCCESSION CAUSE 32 OF 2004
JOSEPH KIMETO CHEPKWONY …………....……….. APPLICANT
VERSUS
KIPROP ARAP KORIR ………….……………… 1ST RESPONDENT
STEPHEN KIMENJO CHOGE ………………… 2ND RESPONDENT
R U L I N G
Before me is an application by the Applicant/Petitioner brought under Section 3 and 3A of the Civil Procedure Code seeking orders that Kapsabet PMCC Succession Cause No. 65 of 2000 be transferred to this Honourable Court for hearing and final determination. The application is based on the grounds that the value of the estate involved exceeds the jurisdiction of the Principal Magistrate’s Court and that it is a principle of law that where there is a High Court all the matters relating to probate and administration should be heard and determined by the High Court.
In support of the application Joseph Kimeto Chepkwony has sworn an affidavit in which he avers that he filed a Succession Cause in the Principal Magistrate’s Court the same being Succession No. 65 of 2000; that the assets of the subject matter of these proceedings are two pieces of land being LR. No. NANDI/KOYO/712 and LR. No. NANDI/KOYO/713; that he is informed by Counsel on record which information he believes to be true that the value of the Estate exceeds the jurisdiction of the Principal Magistrate’s Court; that it is in the interest of justice that this matter be heard and be concluded by this Honourable Court; that the Applicant will suffer irreparable harm if this application is not allowed and that the Respondent will not be in any manner prejudiced by this application. The Respondent was served but did not file any papers to oppose the application.
Be it as it may when a suit is filed in a Court which does not have jurisdiction lacks legal validity and therefore it is not capable of being transferred to a Court that has jurisdiction to try the same as there is nothing to be transferred. The only option left for the Application is to have the same withdrawn and have it filed in a Court which has jurisdiction. That being the position of the law this application fails and the same is dismissed with no order as to costs.
DELIVERED AND DATED AT ELDORET THIS 13TH DAY OF OCTOBER, 2009.
J. L. A. OSIEMO
JUDGE