[2016] KEHC 6753 (KLR)
The court adopted the consent of both parties to transfer the suit to Githongo Senior Resident Magistrate's Court, recognizing that parties may agree on procedural matters and that such consent, when presented to the court, may be made an order of the court. There was no dispute or opposition to the transfer, and...
Source-derived case information.
- Citation
- [2016] KEHC 6753 (KLR)
- Parties
- Plaintiff: Catherine Nkriote Zakayo; Defendant: Stephen Marete; Defendant: Joseph Muriithi Marete
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 43 of 2008
- Procedural Posture
- Civil Suit / Ruling on Transfer by Consent
- Outcome
- Suit transferred to Githongo Senior Resident Magistrate's Court by consent; consent adopted as order of the court.
- Judges
- FM Njoroge
- Legal Topics
- Transfer of Suit, Consent Orders, Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Catherine Nkriote Zakayo
Plaintiff
Stephen Marete
Defendant
Joseph Muriithi Marete
Defendant
Procedural Posture
Civil Suit / Ruling on Transfer by Consent
Legal Issues
- 1 Whether the suit should be transferred to Githongo Senior Resident Magistrate's Court by consent of the parties.
Ratio Decidendi
The court adopted the consent of both parties to transfer the suit to Githongo Senior Resident Magistrate's Court, recognizing that parties may agree on procedural matters and that such consent, when presented to the court, may be made an order of the court. There was no dispute or opposition to the transfer, and the court found no legal impediment to granting the order as sought by both parties' advocates. The transfer was therefore ordered in accordance with the consent.
Court Disposition
Suit transferred to Githongo Senior Resident Magistrate's Court by consent; consent adopted as order of the court.
Orders
- The consent dated 17/02/2016 is adopted as an order of the court.
- This suit is transferred to Githongo Senior Resident Magistrate's Court for hearing and determination.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HCC NO 43 OF 2008
CATHERINE NKIROTE ZAKAYO....................................................PLAINTIFF
VERSUS
STEPHEN MARETE............................................................1ST DEFENDANT
JOSEPH MURIITHI MARETE............................................2ND DEFENDANT
R U L I N G
On 17th February, 2016 the Counsels for the parties asked the Court to adopt their Consent dated 17/02/2016 as an order of this Court. The Consent is in the following terms:-
“By Consent of both Counsel for the Plaintiff and Defendant this suit is transferred to Githongo Senior Resident Magistrate's Court for hearing and determination”.
The Consent is adopted as an order of this Court. Consequently, this suit is transferred to Githongo Senior Resident Magistrate's Court for hearing and determination.
It is so ordered.
Written and Delivered in Open Court at Meru this 17th day of February, 2016in the presences of: -
CC: Lilian/Daniel
Kimathi Kiara for the Plaintiff
Miss Nyaga h/b Kiogora for the Defendant.
P.M. NJOROGE
JUDGE