REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT ELDORET MISCELLANEOUS SUCCESSION CAUSE 32 OF 2004 JOSEPH KIMETO CHEPKWONY …………....……….. APPLICANT VERSUS KIPROP ARAP KORIR ………….……………… 1ST RESPONDENT STEPHEN KIMENJO CHOGE ………………… 2ND RESPONDENT RULING Before me is an application by the Applicant/Petitioner brought under Section 3 and 3A of the Civil Procedure Code seeking orders that Kapsabet PMCC Succession Cause No. 65 of 2000 be transferred to this Honourable Court for hearing and final determination. The application is based on the grounds that the value of the estate involved exceeds the jurisdiction of the Principal Magistrate’s Court and that it is a principle of law that where there is a High Court all the matters relating to probate and administration should be heard and determined by the High Court. In support of the application Joseph Kimeto Chepkwony has sworn an affidavit in which he avers that he filed a Succession Cause in the Principal Magistrate’s Court the same being Succession No. 65 of 2000; that the assets of the subject matter of these proceedings are two pieces of land being LR. No. NANDI/KOYO/712 and LR. No. NANDI/KOYO/713; that he is informed by Counsel on record which information he believes to be true that the value of the Estate exceeds the jurisdiction of the Principal Magistrate’s Court; that it is in the interest of justice that this matter be heard and be concluded by this Honourable Court; that the Applicant will suffer irreparable harm if this application is not allowed and that the Respondent will not be in any manner prejudiced by this application. The Respondent was served but did not file any papers to oppose the application. Be it as it may when a suit is filed in a Court which does not have jurisdiction lacks legal validity and therefore it is not capable of being transferred to a Court that has jurisdiction to try the same as there is nothing to be transferred. The only option left for the Application is to have the same withdrawn and have it filed in a Court which has jurisdiction. That being the position of the law this application fails and the same is dismissed with no order as to costs. DELIVERED AND DATED AT ELDORET THIS 13TH DAY OF OCTOBER, 2009. J. L. A. OSIEMO JUDGE
Original judgment
Joseph Kimeto Chepkwony v Kiprop Arap Korir & 1 other
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.