[2012] KEHC 1111 (KLR)
The court held that since the applicant failed to serve the application on the respondents, the matter could not proceed. Furthermore, the application was rendered moot by the establishment of the High Court in Kerugoya, which now has jurisdiction over the matter. Consequently, the file was ordered to be transferred...
Source-derived case information.
- Citation
- [2012] KEHC 1111 (KLR)
- Parties
- Applicant: Anastacia Njoki Karimi; Respondent: Kirinyaga County Council; Respondent: Margaret Njambi Njenga
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 10 of 2012
- Procedural Posture
- Miscellaneous Application / Directions
- Outcome
- file transferred to Kerugoya High Court; application not heard
- Legal Topics
- Transfer of Proceedings, Service of Process, Court Jurisdiction
- 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
Anastacia Njoki Karimi
Applicant
Kirinyaga County Council
Respondent
Margaret Njambi Njenga
Respondent
Procedural Posture
Miscellaneous Application / Directions
Legal Issues
- 1 Whether the application can proceed when the applicant failed to serve the respondents.
- 2 Whether the application has been overtaken by events due to the establishment of the High Court in Kerugoya.
Ratio Decidendi
The court held that since the applicant failed to serve the application on the respondents, the matter could not proceed. Furthermore, the application was rendered moot by the establishment of the High Court in Kerugoya, which now has jurisdiction over the matter. Consequently, the file was ordered to be transferred to the Kerugoya High Court for the applicant to make the necessary application there.
Court Disposition
file transferred to Kerugoya High Court; application not heard
Orders
- The file is transferred to the Kerugoya High Court for the applicant to make the necessary application there.
- The Deputy Registrar to notify the parties or their counsels.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
High Court at Embu
Miscellaneous Application 10 of 2012 [if gte mso 9]><xml>
Normal 0
false false false
EN-GB X-NONE X-NONE
</xml><![endif][if gte mso 9]><![endif][if gte mso 10]> <style> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; line-height:115%; font-size:11. 0pt;"Calibri","sans-serif"; mso-bidi-"Times New Roman";} </style> <![endif]
ANASTACIA NJOKI KARIMI................…..............……..APPLICANT
VERSUS
KIRINYAGA COUNTY COUNCIL..............…......1ST RESPONDENT
MARGARET NJAMBI NJENGA..........................2ND RESPONDENT
D I R E C T I O N S
Now that the Applicant took this date but did not serve, the application cannot proceed. Secondly the application has been overtaken by events as we now have a High Court in Kerugoya.
I therefore transfer this file to Kerugoya High Court for the Applicant to make the necessary application there.
The Deputy Registrar to notify the parties/counsels.
DELIVERED, DATED AND SIGNED AT EMBU THIS 5TH DAY OF NOVEMBER 2012.
H.I. ONG’UDI
J U D G E
In the presence of:-
Mr. Kagio for Respondents
Respondents
Njue CC