[2010] KEHC 2732 (KLR)
The court held that where a subordinate court lacks jurisdiction to hear and determine a matter, any proceedings before it are a nullity. Consequently, the High Court cannot transfer such a suit to itself, as transfer cannot cure the fundamental defect of lack of jurisdiction. The application to transfer the suit...
Source-derived case information.
- Citation
- [2010] KEHC 2732 (KLR)
- Parties
- Applicant: Peter Paul Muthoka; Respondent: Nicholas Maingi Mutua
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 155 of 2008
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Transfer Suit for Lack of Jurisdiction
- Outcome
- application dismissed with costs to the respondent
- Legal Topics
- Transfer of Suits, Jurisdiction of Courts, Pecuniary Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Paul Muthoka
Applicant
Nicholas Maingi Mutua
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Transfer Suit for Lack of Jurisdiction
Legal Issues
- 1 Whether the High Court can transfer a suit from a subordinate court that lacks pecuniary jurisdiction to hear the matter.
- 2 Whether transfer of a suit can cure a nullity arising from lack of jurisdiction in the subordinate court.
Ratio Decidendi
The court held that where a subordinate court lacks jurisdiction to hear and determine a matter, any proceedings before it are a nullity. Consequently, the High Court cannot transfer such a suit to itself, as transfer cannot cure the fundamental defect of lack of jurisdiction. The application to transfer the suit was therefore incompetent and bad in law, warranting its dismissal with costs to the respondent.
Court Disposition
application dismissed with costs to the respondent
Orders
- The application dated 1.8.2008 is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
Miscellaneous Application 155 of 2008
PETER PAUL MUTHOKA ……………………………………………………………..PLAINTIFF
VERSUS
NICHOLAS MAINGI MUTUA …………………………................................. DEFENDANT
RULING
1. The Application dated 1. 8.2008 seeks orders under section 3A and section 18(1) (b) and (2) of the Civil Procedure Rules that SRMCC No. 171/2004(Kangundo) be transferred to this court for hearing and determination.The reason given is that “the claim for general and special damages pleaded in the plaint exceeds the pecuniary jurisdiction of any subordinate court.”In other words the Kangundo court has no jurisdiction whatsoever to hear and determine the matter.
2. I will quickly dismiss the Application because it has been said time and time again that without jurisdiction, there is nothing and out of nothing no benefit or advantage can accrue.If that be so, can transfer, of a case in the nature sought, be allowed?I submit that it cannot because transfer cannot cure a nullity.I wholly agree with the Respondent that the Application is for that reason incompetent and bad in law and I hereby order that it be dismissed with costs to the Respondent.
3. Orders accordingly.
ISAAC LENAOLA
JUDGE
Countersigned and delivered at Machakos this 19th day of March 2010.