[2016] KEHC 5849 (KLR)
The court adopted the consent of the parties, as properly signed by their advocates, to transfer the suit to the Senior Resident Magistrate's Court at Githongo. The court found that the consent was valid and in accordance with Section 18 of the Civil Procedure Act, which empowers the court to transfer suits. The...
Source-derived case information.
- Citation
- [2016] KEHC 5849 (KLR)
- Parties
- Plaintiff: Antony Kirimi Zakaria; Defendant: Mwirichia wa M'Guoko; Defendant: Joshua Magaju Silas; Defendant: Samwel Muriuki M'Ikiata
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 241 of 2012
- Procedural Posture
- Environment and Land Case / Ruling on Transfer by Consent
- Outcome
- Suit transferred to the Senior Resident Magistrate's Court at Githongo by consent.
- Judges
- FM Njoroge
- Legal Topics
- Transfer of Suit, Jurisdiction, Consent Orders
- 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
Antony Kirimi Zakaria
Plaintiff
Mwirichia wa M'Guoko
Defendant
Joshua Magaju Silas
Defendant
Samwel Muriuki M'Ikiata
Defendant
Procedural Posture
Environment and Land Case / Ruling on Transfer by Consent
Legal Issues
- 1 Whether the suit should be transferred to the Senior Resident Magistrate's Court at Githongo by consent of the parties.
Ratio Decidendi
The court adopted the consent of the parties, as properly signed by their advocates, to transfer the suit to the Senior Resident Magistrate's Court at Githongo. The court found that the consent was valid and in accordance with Section 18 of the Civil Procedure Act, which empowers the court to transfer suits. The transfer was therefore ordered by consent and with the court's approval, ensuring that the matter would proceed before a court of competent jurisdiction.
Court Disposition
Suit transferred to the Senior Resident Magistrate's Court at Githongo by consent.
Orders
- By consent, this suit is transferred to the Senior Resident Magistrate's Court at Githongo for hearing and determination.
- Mention at Githongo Law Courts on 11th March, 2016 for directions.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ENVIRONMENTAL AND LAND CASE NO 241 OF 2012
ANTONY KIRIMI ZAKARIA........................................................PLAINTIFF
VERSUS
MWIRICHIA WA M'GUOKO................................................1ST DEFENDANT
JOSHUA MAGAJU SILAS...................................................2ND DEFENDANT
SAMWEL MURIUKI M'IKIATA..........................................3RD DEFENDANT
R U L I N G
On 1st March, 2016, the Advocates for the parties proffered a Consent which they asked the Court to adopt as its order. The Consent is in the following terms:-
“By Consent of the Advocates for the Plaintiff and the 1st and 3rd Defendants this suit be and is hereby transferred to the Senior Resident Magistrate's Court at Githongo Law Courts for hearing and determination”.
Mention at Githongo Law Courts on 11th March, 2016 for directions.
The Consent is properly signed by the parties' Advocate. The Consent is hereby adopted as an order of this Court. The effect is that, by Consent, and with the concurrence of this Court and in terms of Section 18, CPA, this suit is transferred to the Senior Resident Magistrate's Court at Githongo for hearing and determination.
It is so ordered.
Delivered in Open Court at Meru this 1st day of March, 2016 in the presence of:-
CC: Daniel/Lilian
Muthomi for the Plaintiff
Gichunge for the Defendant
P. M. NJOROGE
JUDGE