[2011] KEHC 3396 (KLR)
The court found that the applicant failed to provide documentary evidence from a qualified valuer to substantiate the claim that the subject matter exceeded the pecuniary jurisdiction of the Senior Principal Magistrate's Court. The mere assertion of value was deemed insufficient. Additionally, the court noted that...
Source-derived case information.
- Citation
- [2011] KEHC 3396 (KLR)
- Parties
- Applicant: Josephat Muia Kioko (suing as Chairman Ukai Self Help Group); Applicant: Ukai Self Help Group; Respondent: Anthony Mwasya Maundu; Respondent: Titus Mwaniki; Respondent: Alphonce Muoki Makenzi; Respondent: James Ndambuki Makenzi; Respondent: Moses Mutune
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 44 of 2009
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Transfer Suit to High Court
- Outcome
- application dismissed with costs to the applicant
- Judges
- DO Ohungo
- Legal Topics
- Pecuniary Jurisdiction, Transfer of Suit, Declaratory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Josephat Muia Kioko (suing as Chairman Ukai Self Help Group)
Applicant
Ukai Self Help Group
Applicant
Anthony Mwasya Maundu
Respondent
Titus Mwaniki
Respondent
Alphonce Muoki Makenzi
Respondent
James Ndambuki Makenzi
Respondent
Moses Mutune
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Transfer Suit to High Court
Legal Issues
- 1 Whether the Senior Principal Magistrate's Court has pecuniary jurisdiction to hear a matter valued at over Kshs. 10 million.
- 2 Whether the absence of a valuation report justifies refusal to transfer the suit to the High Court.
- 3 Whether the pleadings contain prayers for declaratory orders that only the High Court can grant.
Ratio Decidendi
The court found that the applicant failed to provide documentary evidence from a qualified valuer to substantiate the claim that the subject matter exceeded the pecuniary jurisdiction of the Senior Principal Magistrate's Court. The mere assertion of value was deemed insufficient. Additionally, the court noted that the pleadings did not contain prayers for declaratory orders, but rather sought reliefs that were within the jurisdiction of the Magistrate's Court. Consequently, the application to transfer the suit to the High Court was found to lack merit and was dismissed with costs to the applicant.
Court Disposition
application dismissed with costs to the applicant
Orders
- The application dated 4th September 2009 is dismissed.
- Costs to be borne by the plaintiff/applicant.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT MALINDI
MISCELLANEOUS CIVIL APPL. NO. 44 OF 2009
JOSEPHAT MUIA KIOKO(suing as Chairman UKAI SELF HELP GROUP)
UKAI SELF HELP GROUP………………..........….……APPLICANTS
VERSUS
ANTHONY MWASYA MAUNDU
TITUS MWANIKI
ALPHONCE MUOKI MAKENZI
JAMES NDAMBUKI MAKENZI
MOSES MUTUNE………………...............……..…….RESPONDENTS
R U L I N G
The application dated 4th September 2009 is by way of Notice of motion under Section 8(1) (a) of the Civil Procedure Act seeking that Malindi SPMCC NO. 212 of 2009 be transferred to Malindi High Court for hearing and further disposal.
It is based on grounds that the Senior Principal Magistrate’s pecuniary jurisdiction is limited to kshs. 2million yet the subject matter value exceeds kshs. 10million.
Secondly, there is a prayer for declaration which orders can only be issued by the High Court. No prejudice will be occasioned by such transfer.
The affidavit in support of the application is sworn by Josephat Muia Kioko who depones that the current value of the subject matter is kshs. 10,000,000/=.
There is however no document of valuation filed by a qualified valuer confirming the purported value and simply stating that it is worth over 10million is not enough reason to warrant this court ordering that the matter be transferred from the Senior Principal Magistrate’s Court (whose pecuniary jurisdiction by the way is kshs. 3million). The pleadings annexed do not contain prayers for declaration, prayer (a) seeks handing over to documents and for audit to be carried out (b) cancellation of Title and issuance of a fresh one to the plaintiff.
Consequently, there is no merit in the applicant and the same is dismissed with costs to be born by the plaintiff/applicant.
Delivered and dated this 28thday of February 2011 at Malindi.
H. A. OMONDI
JUDGE
No appearance at 12. 00pm.