[2011] KEHC 89 (KLR)
The court found that the value of the property in question, being over 10 hectares, exceeded the jurisdictional limit of the Principal Magistrate's Court under the Law of Succession Act. As such, the subordinate court was not competent to hear and determine the matter. The High Court, having unlimited jurisdiction...
Source-derived case information.
- Citation
- [2011] KEHC 89 (KLR)
- Parties
- Applicant: Philis Wanyaga Njiru; Respondent: Michael Nyaga Karugendo
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 36 of 2010
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application for Transfer of Succession Cause
- Outcome
- application allowed
- Legal Topics
- Jurisdiction of Courts, Succession Matters, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philis Wanyaga Njiru
Applicant
Michael Nyaga Karugendo
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Transfer of Succession Cause
Legal Issues
- 1 Whether the Principal Magistrate's Court at Kerugoya had jurisdiction to hear and determine Succession Cause No. 138 of 2007 given the value of the property in issue.
- 2 Whether the matter should be transferred to the High Court at Embu for further hearing and disposal.
Ratio Decidendi
The court found that the value of the property in question, being over 10 hectares, exceeded the jurisdictional limit of the Principal Magistrate's Court under the Law of Succession Act. As such, the subordinate court was not competent to hear and determine the matter. The High Court, having unlimited jurisdiction in succession matters, is the proper forum for the hearing and disposal of the case. The application for transfer was therefore allowed to ensure that the matter is heard by a court with the requisite jurisdiction.
Court Disposition
application allowed
Orders
- Kerugoya Principal Magistrate’s Succession Cause No. 138 of 2007 is transferred to Embu High Court for further hearing and disposal.
- Costs to be borne out of the estate.
Full Case Text
Judgment text and source record
20 paragraphs
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REPUBLIC OF KENYA
HIGH COURT AT EMBU
MISCELLANEOUS CIVIL APPLICATION 36 OF 2010
PHILIS WANYAGA NJIRU…………………………………………….……………………..PLAINTIFF
VERSUS
MICHAEL NYAGA KARUGENDO………………………………......……………………..DEFENDANT
R U L I N G
This is an Application under Section 47 of the Law of Succession Act and Rules 59 and 73 Probate and Administration Rules for an order of transfer of Kerugoya Principal Magistrate’s Succession Cause No. 138 of 2007 to High Court Embu for further hearing and disposal.
The reason is that the Principal Magistrate’s court Kerugoya lacks jurisdiction. The Application is based on the grounds on the face of the Application plus the supporting affidavit.
The property in issue is over 10 hectares and it ought to have occurred to the counsel and the trial court that the value exceeded the jurisdiction of any subordinate court dealing with succession matters under special jurisdiction under Cap 160.
I therefore allow the application and direct that Kerugoya Principal Magistrate’s Succession cause No. 138/2007 be and is hereby transferred to Embu High Court for further hearing and disposal.
Costs to be born out of the estate. Orders accordingly.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT EMBU THIS 18TH DAY OF OCTOBER 2011.
H.I. ONG’UDI
JUDGE