Simon Katua Mutia & another v Penninah Kimeru Mutua [2020] KEELC 1479 (KLR)

Summary at a glance

Facts

The applicants filed Voi ELC No. 17 of 2018 at a time when the magistrate's court had jurisdiction. The magistrate who had pecuniary jurisdiction was transferred, prompting the respondents to raise a preliminary objection seeking to strike out the suit for want of jurisdiction. The applicant then filed Misc. Application No. 40 of 2019 before this court seeking the transfer of Voi ELC NO. 17 of 2018 to this court.

Issues

• Whether to grant a stay of proceedings in Voi ELC Case 17 of 2018 pending the hearing and determination of Mombasa ELC Misc. Application No. 40 of 2019.
• Whether the applicants' application for transfer of Voi ELC NO. 17 of 2018 to this court is valid.

Reasoning

The court has supervisory powers over the subordinate courts and can withdraw and transfer a case. The application for transfer will be heard and decided on merit. A stay order is granted to avoid rendering the application for transfer nugatory.

Outcome

Application granted

Orders

• A stay order is granted to stay the proceedings in Voi ELC Case 17 of 2018 pending the hearing and determination of the application for transfer which is pending herein.

Remedies

• Costs of the application to abide the outcome of the main application.

Authorities cited