[2016] KEHC 5659 (KLR)

[2016] KEHC 5659 (KLR)

The Environment and Land Court lacks jurisdiction to determine whether a marriage exists between the parties or whether the suit property constitutes matrimonial property. Such matters fall within the exclusive jurisdiction of the Family Division of the High Court. Consequently, the court finds that the dispute was wrongly commenced before it and orders the transfer of the matter to the Family Division for hearing and determination. In the interim, the court orders that the status quo regarding the suit property be maintained pending further directions from the Family Division.

Citation
[2016] KEHC 5659 (KLR)
Parties
Plaintiff: Theresa Muthoni Gitonga; Plaintiff: Quincy Franklin Gitonga; Defendant: Aldo Pasin
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
22 April 2016
Case Number
Environment & Land Case 207 of 2015
Procedural Posture
Civil Case / Ruling on Interlocutory Injunction and Jurisdiction
Outcome
Matter transferred to the High Court, Family Division; status quo to be maintained.
Judges
AA Omollo
Legal Topics
Matrimonial Property, Jurisdiction, Injunctive Relief, Status Quo Orders
Source Language
English
Family and Children Land and Property Matrimonial Property Jurisdiction Injunctive Relief Status Quo Orders

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Parties

Theresa Muthoni Gitonga

Plaintiff

Quincy Franklin Gitonga

Plaintiff

Aldo Pasin

Defendant

Procedural Posture

Civil Case / Ruling on Interlocutory Injunction and Jurisdiction

Legal Issues

  1. 1 Whether there is a marriage between the Plaintiff and the Defendant.
  2. 2 Whether the suit property constitutes matrimonial property entitling the plaintiff to a share.

Ratio Decidendi

The Environment and Land Court lacks jurisdiction to determine whether a marriage exists between the parties or whether the suit property constitutes matrimonial property. Such matters fall within the exclusive jurisdiction of the Family Division of the High Court. Consequently, the court finds that the dispute was wrongly commenced before it and orders the transfer of the matter to the Family Division for hearing and determination. In the interim, the court orders that the status quo regarding the suit property be maintained pending further directions from the Family Division.

Court Disposition

Matter transferred to the High Court, Family Division; status quo to be maintained.

Orders

  • The matter is transferred to the High Court, Family Division for hearing and determination.
  • The status quo regarding the suit property shall be maintained pending directions or further orders by the Family Division.