[2015] KEHC 1193 (KLR)
The court found that the dispute arose within Tigania, and the Tigania Principal Magistrate's Court has jurisdiction to hear and determine the matter. Since all parties were not opposed to the application and the transfer would promote efficient disposal and serve the interests of justice, the application for...
Source-derived case information.
- Citation
- [2015] KEHC 1193 (KLR)
- Parties
- Applicant: David Kithinji Marete; Applicant: Justus Kimathi Marete; Applicant: Kenneth Kiogora Marete; Respondent: Rael Regeria Kaburu; Respondent: Catherine Muthoni Rukunga
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 35 of 2011
- Procedural Posture
- Civil Suit / Ruling on Application for Transfer of Suit
- Outcome
- Application for transfer of suit allowed.
- Judges
- FM Njoroge
- Legal Topics
- Transfer of Suit, Jurisdiction, Court Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Kithinji Marete
Applicant
Justus Kimathi Marete
Applicant
Kenneth Kiogora Marete
Applicant
Rael Regeria Kaburu
Respondent
Catherine Muthoni Rukunga
Respondent
Procedural Posture
Civil Suit / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the suit should be transferred to Tigania Principal Magistrate's Court for hearing and determination.
- 2 Whether the court at Tigania has jurisdiction over the matter.
- 3 Whether the transfer is in the interest of justice.
Ratio Decidendi
The court found that the dispute arose within Tigania, and the Tigania Principal Magistrate's Court has jurisdiction to hear and determine the matter. Since all parties were not opposed to the application and the transfer would promote efficient disposal and serve the interests of justice, the application for transfer was allowed. The costs of the application were ordered to be in the cause.
Court Disposition
Application for transfer of suit allowed.
Orders
- The suit is transferred to Tigania Principal Magistrate's Court for hearing and determination.
- Costs of the application to be in the cause.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL SUIT NO 35 OF 2011
DAVID KITHINJI MARETE ....................................................................1ST PLAINTIFF/APPLICANT
JUSTUS KIMATHI MARETE ................................................................ 2ND PLAINTIFF/APPLICANT
KENNETH KIOGORA MARETE .......................................................... 3RD PLAINTIFF/APPLICANT
VERSUS
RAEL REGERIA KABURU ..........................................................1ST DEENDANT/RESPONDENT
CATHERINE MUTHONI RUKUNGA ..................................... 2ND DEFENDANT/RESPONDENT
R U L I N G
This application states that it is predicated upon Order 51 of the Civil Procedure Rules and Sections 1A, 1B and 3A of the Civil Procedure Act. It seeks orders:-
THATthe suit herein be transferred to Tigania Principal Magistrate’s Court for hearing and determination.
THATthe costs of this application be costs in the cause.
The application is supported by the Affidavit of DAVID KITHINJI MARETE, the applicant and has the following grounds:-
THATthe matter in dispute herein arose within Tigania which Court has the jurisdiction to hear and determine this matter.
THATit is in the interest of justice that the matter be efficiently disposed of.
THATas such this suit should be transferred to the Principal Magistrate's Court at Tigania for hearing and final determination.
On 9th November, 2015, the parties present indicated that they were not opposed to the application. In the Circumstances, it is allowed with Costs to be in the cause.
It is so ordered.
Delivered in Open Court at Meru this 9th day of November, 2015 in the presence of:-
CC: Daniel /Lilian
Miss Rimita for Plaintiffs
Muthamia h/b Mwanzia for 2nd Defendant
P. M. NJOROGE
JUDGE