[2002] KEHC 918 (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, noting that the application was served on the respondents and no opposition was filed. The absence of any response...
Source-derived case information.
- Citation
- [2002] KEHC 918 (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 allowed. Suit withdrawn from Chief Magistrate's Court and transferred to High Court. Costs in the cause.
- Legal Topics
- Transfer of Suit, Jurisdiction, Withdrawal of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
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, noting that the application was served on the respondents and no opposition was filed. The absence of any response from the respondents and the applicant's compliance with procedural requirements justified granting the orders sought.
Court Disposition
Application allowed. Suit withdrawn from Chief Magistrate's Court and transferred to High Court. Costs in the cause.
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- CMCC No. 5235 of 1999 is withdrawn from the Chief Magistrate's Court and transferred to the High Court for trial and disposal.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
8 paragraphs
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