[2025] KEHC 3271 (KLR)
The court found that the applicant's request to transfer the suit was justified as the subject parcel falls within the territorial jurisdiction of Githunguri Law Courts. The error in filing at Kiambu was inadvertent and not intended to prejudice the respondent, who had not yet been served with summons or pleadings....
Source-derived case information.
- Citation
- [2025] KEHC 3271 (KLR)
- Parties
- Applicant: Monicah Wambui Gichuhi; Respondent: Beatrice Muthoni Njenga (Sued as the administrator of the Estate of Joseph Njenga Cichuhi - Deceased)
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous E033 of 2025
- Procedural Posture
- Miscellaneous Application / Ruling on Chamber Summons for Transfer of Suit
- Outcome
- application allowed
- Judges
- DO Chepkwony
- Legal Topics
- Transfer of Suit, Territorial Jurisdiction, Court Convenience
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Monicah Wambui Gichuhi
Applicant
Beatrice Muthoni Njenga (Sued as the administrator of the Estate of Joseph Njenga Cichuhi - Deceased)
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Chamber Summons for Transfer of Suit
Legal Issues
- 1 Whether the suit MCELC/E116/2024 should be transferred from Kiambu Law Courts to Githunguri Law Courts for convenience and proper territorial jurisdiction.
- 2 Whether the applicant's error in filing at the wrong court should be excused.
Ratio Decidendi
The court found that the applicant's request to transfer the suit was justified as the subject parcel falls within the territorial jurisdiction of Githunguri Law Courts. The error in filing at Kiambu was inadvertent and not intended to prejudice the respondent, who had not yet been served with summons or pleadings. Since the respondent would suffer no prejudice from the transfer, and for the convenience of parties and proper administration of justice, the application was allowed. The court exercised its discretion to transfer the suit to the appropriate forum, emphasizing that procedural errors should not defeat substantive justice where no party is prejudiced.
Court Disposition
application allowed
Orders
- The suit MCELC/E116/2024, Monicah Wambui Gichuhi –vs– Beatrice Muthoni Njenga, is transferred from Kiambu Law Courts to Githunguri Law Courts forthwith.
- Costs to be in the cause.
Full Case Text
Judgment text and source record
21 paragraphs
Gichuhi v Njenga ((Sued as the administrator of the Estate of Joseph Njenga Cichuhi - Deceased)) (Civil Miscellaneous E033 of 2025) [2025] KEHC 3271 (KLR) (18 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3271 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Miscellaneous E033 of 2025
DO Chepkwony, J
March 18, 2025
Between
Monicah Wambui Gichuhi
Plaintiff
and
Beatrice Muthoni Njenga
Defendant
(Sued as the administrator of the Estate of Joseph Njenga Cichuhi - Deceased)
Ruling
1. This matter is scheduled for interparties hearing of a Chamber Summons application dated 4th March, 2025 in which the Applicant/Plaintiff has sought for orders:-a.That an order be and is hereby issued transferring the said suit MCELC/E116/2024, Monicah Wambui Gichuhi –vs- Beatrice Muthoni Njenga from Kiambu Land Court’s to Githunguri Law Courts.b.That the costs of this application be provided for.
2. The application is based on the grounds set out on its face and Supporting Affidavit sworn by the Applicant on even date. The gist of it being that although Kiambu Land Courts is seized with jurisdiction to hear and determine the matter, it will be more convenient to have the same heard at Githunguri Law Courts which is seized with territorial jurisdiction within which the subject suit parcel is situated. It is the Applicant submission that the filing of this case at Kiambu Law Courts was an error and an inadvertent oversight by her counsel, which inadvertence should not be visited on her.
3. According to the Plaintiff’s counsel, they had not prepared Summons to serve upon the Defendant in the said suit.
4. Although there is no evidence to confirm service upon the Defendant/ Respondent and or their counsel, this Court finds that since the Defendants are yet to be served with the Summons to enter Appearance and pleadings in the said suit, they will suffer no prejudice of the orders sought are granted on the reasons advanced.
5. In view of his, the Chamber Summons application dated 4th March, 2025 be and is hereby allowed and in the following terms:-a.That this suit being MCELC/E116/2024, Monica Wambui Gichuhi –vs- Beatrice Muthoni Njenga be and is hereby transferred from Kiambu Law Courts to Githunguri Law Courts forthwith.b.Costs to be in the cause.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 18TH DAY OF MARCH ….__, 2025. D. O. CHEPKWONYJUDGEIn the presence of:Mr. Odero counsel for the Plaintiff/ApplicantNo appearance for and by Defendant/RespondentCourt Assistant - Martin