[2023] KEHC 26699 (KLR)
The court found that although the applicant presented evidence that the value of the estate exceeds the pecuniary jurisdiction of the Chief Magistrate’s Court, it was unclear from the record whether there were any pending issues in the lower court file that required determination by the High Court. To avoid making...
Source-derived case information.
- Citation
- [2023] KEHC 26699 (KLR)
- Parties
- Applicant: Philip Madiang’i; Respondent: Boaz Otieno Obwombe; Respondent: Godfrey Wandera Anyimo
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E002 of 2023
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application for Transfer of Suit Due to Pecuniary Jurisdiction
- Outcome
- Application deferred pending perusal of trial court records.
- Judges
- WM Musyoka
- Legal Topics
- Transfer of Proceedings, Pecuniary Jurisdiction, Probate and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philip Madiang’i
Applicant
Boaz Otieno Obwombe
Respondent
Godfrey Wandera Anyimo
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Transfer of Suit Due to Pecuniary Jurisdiction
Legal Issues
- 1 Whether the value of the estate exceeds the pecuniary jurisdiction of the Chief Magistrate’s Court.
- 2 Whether the application for transfer of the suit to the High Court is warranted given the current status of the proceedings.
Ratio Decidendi
The court found that although the applicant presented evidence that the value of the estate exceeds the pecuniary jurisdiction of the Chief Magistrate’s Court, it was unclear from the record whether there were any pending issues in the lower court file that required determination by the High Court. To avoid making orders in vain, the court directed that the trial court records be called for perusal before making a final determination on the application for transfer. The court thus deferred its decision pending review of the lower court file.
Court Disposition
Application deferred pending perusal of trial court records.
Orders
- The Deputy Registrar is directed to call for the trial court records for the judge's perusal.
- The application for transfer will be determined after perusal of the trial court records.
Full Case Text
Judgment text and source record
21 paragraphs
Madiang’i v Obwombe & another (Miscellaneous Civil Application E002 of 2023) [2023] KEHC 26699 (KLR) (20 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26699 (KLR)
Republic of Kenya
In the High Court at Busia
Miscellaneous Civil Application E002 of 2023
WM Musyoka, J
December 20, 2023
Between
Philip Madiang’i
Applicant
and
Boaz Otieno Obwombe
1st Respondent
Godfrey Wandera Anyimo
2nd Respondent
Ruling
1. The application, dated July 20, 2023, seeks transfer of Busia CMCSC No. 557 of 2017 to the High Court, on grounds that the value of the estate, the subject of that cause, exceeds the pecuniary jurisdiction of the Chief Magistrate’s court. I have seen a valuation report, by LO Madende, dated July 18, 2023, which puts the market value of the estate at Kshs. 30, 000, 000. 00.
2. The respondents have not addressed the issue of the value of the estate, but say the transfer sought is unwarranted, as there is nothing pending in the file, that the High Court will be required to determine.
3. The documents paced on record appear to show that the estate the court made orders on distribution of the estate, but I cannot tell whether the estate has been transmitted, and I cannot tell what is pending.
4. So that I do not make orders in vain, I shall have to peruse the trial court records first, before I determine the application one way or the other. Let the Deputy Registrar, therefore, call for the trial records, for my perusal. I shall determine the application thereafter. Orders accordingly.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT BUSIA THIS 20TH DAY OF DECEMBER 2023W MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.AdvocatesMs. Wakoli, instructed by Wakoli & Wakoli, Advocates for the applicant.Mr. Okeyo, instructed by Okeyo Ochiel & Company, Advocates for the respondents.