[2020] KEHC 1160 (KLR)
The court found that the amended plaint increased the claim to Ksh.35,000,000, which is beyond the pecuniary jurisdiction of the subordinate court. Since no opposition was filed and the application was merited, the court exercised its discretion under Section 18 of the Civil Procedure Act to allow the transfer of...
Source-derived case information.
- Citation
- [2020] KEHC 1160 (KLR)
- Parties
- Applicant: Bulent Gulbahar; Applicant: Paragon Electronics Limited; Respondent: Cecilia Bjerborn Murai; Respondent: Yusuf Esufali; Respondent: Amama Esufali; Respondent: Oussainou Ngum; Respondent: Moiz Esufali; Respondent: Hamza Esugali
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 307 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Transfer Suit to High Court
- Outcome
- Application allowed; suit to be transferred to the High Court. Costs in the cause.
- Judges
- BT Jaden
- Legal Topics
- Transfer of Suit, Pecuniary Jurisdiction, Amendment of Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bulent Gulbahar
Applicant
Paragon Electronics Limited
Applicant
Cecilia Bjerborn Murai
Respondent
Yusuf Esufali
Respondent
Amama Esufali
Respondent
Oussainou Ngum
Respondent
Moiz Esufali
Respondent
Hamza Esugali
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Transfer Suit to High Court
Legal Issues
- 1 Whether the High Court should transfer Milimani CMCC No. 2190 of 2017 to itself for hearing and determination due to pecuniary jurisdiction.
- 2 Whether the amended plaint justifies transfer based on the increased claim amount.
Ratio Decidendi
The court found that the amended plaint increased the claim to Ksh.35,000,000, which is beyond the pecuniary jurisdiction of the subordinate court. Since no opposition was filed and the application was merited, the court exercised its discretion under Section 18 of the Civil Procedure Act to allow the transfer of the suit to the High Court for hearing and determination. The order was made to ensure the matter is heard by a court with proper jurisdiction, upholding the principle that jurisdiction cannot be conferred by consent or waiver.
Court Disposition
Application allowed; suit to be transferred to the High Court. Costs in the cause.
Orders
- Milimani CMCC No. 2190 of 2017 is transferred from the subordinate court to the High Court for hearing and determination.
- Costs in the cause.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CIVIL DIVISION
HIGH COURT CIVIL MISC. APPL. NO. E 307 OF 2020
BULENT GULBAHAR ..........................1ST PLAINTIFF/APPLICANT
PARAGON ELECTRONICS LIMITED.....................2ND APPLICANT
VERSUS
CECILIA BJERBORN MURAI.........1ST DEFENDANT/RESPONDENT
YUSUF ESUFALI................................2ND DEFENDANT/RESPONDENT
AMAMA ESUFALI.............................3RD DEFENDANT/RESPONDENT
OUSSAINOU NGUM.........................4TH DEFENDANT/RESPONDENT
MOIZ ESUFALI..................................5TH DEFENDANT/RESPONDENT
HAMZA ESUGALI............................6TH DEFENDANT/RESPONDENT
RULING
1. The application dated 10th August, 2020 seeks orders that this honourable court be pleased to transfer Milimani CMCC No. 2190 of 2017 from the subordinate court to the High Court for hearing and determination.
2. It is stated in the grounds and the affidavit in support that following the amendment of the plaint, the total claim is now for a sum of Ksh.35,000,000/= and has exceeded the pecuniary jurisdiction of the Lower Court.
3. The application was unopposed. No papers have been filed in opposition to the same.
4. I have considered the application. The same is merited and is hereby allowed as prayed. Costs in cause.
Date, signed and delivered at Nairobi this 3rd day of Dec., 2020
B. THURANIRA JADEN
JUDGE