Samuel & another v Family Bank Kenya & 2 others (Civil Case 2 of 2016) [2025] KEHC 14505 (KLR) (14 October 2025) (Ruling)

Neutral citation: [2025] KEHC 14505 (KLR)

Republic of Kenya

In the High Court at Kakamega

Civil Case 2 of 2016

S Mbungi, J

October 14, 2025

Between

Hezron Munanga Samuel

1^st Plaintiff

Ezekiel Munanga Maburu

2^nd Plaintiff

and

Family Bank Kenya

1^st Defendant

Pawaba Auctioneers

2^nd Defendant

Demonde Agencies and Auctioneers

3^rd Defendant

Ruling

1.The defendant counsel filed a preliminary objection dated 3^rd July, 2024 saying that this court has no jurisdiction to try the suit for the value of the motor vehicle financed by the 1^st defendant is a sum of Ksh, 2,956,800/=.

2.The suit should have been filed before the Chief Magistrates Court.

3.The parties put in written submissions, I have looked at the submissions.

4.The High Court of Kenya has unlimited original and Appellate Jurisdiction of how Civil and Criminal suits.

5.Similarly the High Court has territorial jurisdiction of the entire country.

6.So legally, the court has Jurisdiction to hear and determine this matter.

7.However it is a settled jurisprudence that, where the Jurisdiction is shared between the high court and the lower court a claim should be first filed before the lowest court which has jurisdiction.

8.I therefore order that this file be transferred to the Chief Magistrates Kakamega Law Courts for hearing and determination.

9.The matter be mentioned on 29^th October, 2025 before the Chief Magistrate for re-allocation.

10.Right of Appeal 30 days.

DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 14^TH DAY OF OCTOBER, 2025S.N. MBUNGIJUDGEIn the presence of:Court Assistant: Elizabeth Agong’aMr Mwaka holding brief for Mr. Mukavale J, for the Plaintiff present online.Ms Karanja holding brief for Mr. Macharia the Defendant present online.