[2002] KEHC 698 (KLR)
The court held that since the Subordinate Court did not have jurisdiction to hear the matter at the outset, the High Court equally lacked jurisdiction to entertain the suit by way of transfer. The plaintiff's argument that the injuries worsened after filing was not supported by the evidence, as the medical report...
Source-derived case information.
- Citation
- [2002] KEHC 698 (KLR)
- Parties
- Plaintiff: Josline Mumo (a minor suing through her mother and next friend) Maria Gakiru Karimba; Defendant: Gideon Muthamia
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 2893 of 1997
- Procedural Posture
- Civil Case / Ruling on Application for Transfer and Jurisdiction
- Outcome
- Suit struck out for want of jurisdiction. Costs awarded to the respondent.
- Legal Topics
- Jurisdiction of Courts, Transfer of Suits, Striking Out Suits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Josline Mumo (a minor suing through her mother and next friend) Maria Gakiru Karimba
Plaintiff
Gideon Muthamia
Defendant
Procedural Posture
Civil Case / Ruling on Application for Transfer and Jurisdiction
Legal Issues
- 1 Whether the High Court has jurisdiction to hear a suit initially filed in a Subordinate Court that lacked jurisdiction.
- 2 Whether the suit should be transferred to the High Court or struck out for want of jurisdiction.
Ratio Decidendi
The court held that since the Subordinate Court did not have jurisdiction to hear the matter at the outset, the High Court equally lacked jurisdiction to entertain the suit by way of transfer. The plaintiff's argument that the injuries worsened after filing was not supported by the evidence, as the medical report was available prior to the suit. Therefore, the suit was improperly before the High Court and had to be struck out for want of jurisdiction.
Court Disposition
Suit struck out for want of jurisdiction. Costs awarded to the respondent.
Orders
- The suit is struck out for lack of jurisdiction.
- Costs are awarded to the respondent.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL CASE NO. 2893 OF 199
JOSLINE MUMO (A minor suing through her mother and next friend)
MARIA GAKIRU KARIMBA .…………………………………… PLAINTIFF
VERSUS
GIDEON MUTHAMIA ……………………………. DEFENDANT
RULING
The advocate for the plaintiff filed suit in the Subordinate Courts at Nairobi, Sheria House (later known as the Commercial Courts). The plaintiff changed advocates whom in 1997 filed an application seeking for transfer to the High Court on the grounds that the plaintiffs award may exceed the jurisdiction of the said Subordinate Court. Thus, if the case is transferred to the High Court it may give a higher award. The application stated that the then advocate having filed the matter in the Subordinate Court did so erroneously (implied) as he believed that the court had jurisdiction to make an award to adequately compensate. The advocates on both sides addressed me on the point of whether this court had jurisdiction to hear the current suit in the light of the case of:- Kagenyi Vs Musiramo & Another 1968 EA 43
This case stated that if the Subordinate Court has no jurisdiction to hear a case in the first instance then the High Court may also not have jurisdiction. The advocate for the plaintiff said that the injuries sustained got worse and came only in light after filing suit. The advocate for the defendant said the affidavit with the medical report attached clearly showed that the information of the medical report was with the plaintiffs before the suit was filed and not after the suit was filed. There was therefore no mistake in the filing of the plaint.
I find that the plaintiff contention that the subordinate had no jurisdiction to hear the case most certainly means that the High Court too did not have jurisdiction to hear this suit . I hereby find that the suit cannot be heard at the High Court due to lack of jurisdiction and hereby struck it out. I award costs to the respondent.
Dated this 20th day of March 2002 at Nairobi.
M.A. ANG’AWA
JUDGE