[2002] KEHC 1097 (KLR)
The court exercised its discretion under Section 18 of the Civil Procedure Act to withdraw and transfer CMCC No. 5235 of 1999 from the Chief Magistrate's Court to the High Court for trial and disposal. The decision was influenced by the absence of opposition from the respondents and the applicant's compliance with...
Source-derived case information.
- Citation
- [2002] KEHC 1097 (KLR)
- Parties
- Applicant: Abner Auma Masanda; Respondent: Kenya Ports Authority; Respondent: Attorney General
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 162 of 2002
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Transfer Suit
- Outcome
- Application granted; suit withdrawn from Chief Magistrate's Court and transferred to High Court.
- Legal Topics
- Transfer of Suit, Jurisdiction, Withdrawal of Case
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abner Auma Masanda
Applicant
Kenya Ports Authority
Respondent
Attorney General
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Transfer Suit
Legal Issues
- 1 Whether the High Court should withdraw and transfer CMCC No. 5235 of 1999 from the Chief Magistrate's Court for trial and disposal by the High Court.
Ratio Decidendi
The court exercised its discretion under Section 18 of the Civil Procedure Act to withdraw and transfer CMCC No. 5235 of 1999 from the Chief Magistrate's Court to the High Court for trial and disposal. The decision was influenced by the absence of opposition from the respondents and the applicant's compliance with procedural requirements. The court found it appropriate to grant the application as prayed, ensuring that the matter would be heard and determined by the High Court.
Court Disposition
Application granted; suit withdrawn from Chief Magistrate's Court and transferred to High Court.
Orders
- CMCC No. 5235 of 1999 is withdrawn from the Chief Magistrate's Court and transferred to the High Court for trial and disposal.
- Costs will be in the cause.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA
MISC. CIVIL APPLICATION NO. 162 OF 2002
ABNER AUMA MASANDA ……………………….. PLAINTIFF / APPLICANT
V E R S U S
1. KENYA PORTS AUTHORITY
2. ATTORNEY GENERAL …………………. RESPONDENTS / DEFENDANTS
RULING
The application is brought under the provisions of Section 18 of the Civil Procedure Act and seeks to withdraw and transfer Suit in CMCC No. 5235 of 1999 for trial and disposal by the High Court. The application was served but no appearance or replies on behalf of the defendants was received.
In the circumstances the Suit CMCC No. 5235 of 1999 is hereby withdrawn from the Chief Magistrate’s Court and transferred for trial and disposal before the High Court. Costs will be in the cause.
Dated and delivered this 27th day of July 2002.
P. M. TUTUI COMMISSIONER OF ASSIZE