[2016] KEHC 5871 (KLR)
The court found that, since all parties had consented to the transfer of the suit to the Tigania Principal Magistrate's Court, and the said court is competent to hear and determine the matter, it was appropriate to adopt the consent as an order of the court. The transfer is in accordance with section 18 of the Civil...
Source-derived case information.
- Citation
- [2016] KEHC 5871 (KLR)
- Parties
- Plaintiff: Gideon Kirema; Plaintiff: Peter Nthaka; Defendant: Martha Karema Samuel; Defendant: Daniled Maroto; Defendant: Jacob Samuel Kobia; Defendant: James Muchui M' Attaya; Defendant: Andrew Kinoti; Defendant: Aggrey Murega Ethangatha; Defendant: Sarah Mwathira Ataya; Defendant: Charles Thuranira Ataya; Defendant: Marieta Kamwati; Defendant: Jeptha Andrew Mutua; Defendant: Stephen Mwangi Kamau; Defendant: Tabitha Gatuma Mulubo
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 254 of 2013
- Procedural Posture
- Environment and Land Case / Ruling on Transfer of Suit by Consent
- Outcome
- Suit transferred to the Principal Magistrate's Court, Tigania, by consent of the parties.
- Judges
- FM Njoroge
- Legal Topics
- Transfer of Suit, Jurisdiction, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gideon Kirema
Plaintiff
Peter Nthaka
Plaintiff
Martha Karema Samuel
Defendant
Daniled Maroto
Defendant
Jacob Samuel Kobia
Defendant
James Muchui M' Attaya
Defendant
Andrew Kinoti
Defendant
Aggrey Murega Ethangatha
Defendant
Sarah Mwathira Ataya
Defendant
Charles Thuranira Ataya
Defendant
Marieta Kamwati
Defendant
Jeptha Andrew Mutua
Defendant
Stephen Mwangi Kamau
Defendant
Tabitha Gatuma Mulubo
Defendant
Procedural Posture
Environment and Land Case / Ruling on Transfer of Suit by Consent
Legal Issues
- 1 Whether the suit should be transferred to the Tigania Principal Magistrate's Court for hearing and determination by consent of the parties.
Ratio Decidendi
The court found that, since all parties had consented to the transfer of the suit to the Tigania Principal Magistrate's Court, and the said court is competent to hear and determine the matter, it was appropriate to adopt the consent as an order of the court. The transfer is in accordance with section 18 of the Civil Procedure Act, which empowers the High Court to transfer cases to subordinate courts of competent jurisdiction. The court therefore ordered the transfer as requested by the parties.
Court Disposition
Suit transferred to the Principal Magistrate's Court, Tigania, by consent of the parties.
Orders
- This Case HC E&L No. 254 of 2013 is transferred to the Tigania Principal Magistrate's Court for hearing and determination.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ENVIRONMENT & LAND CASE NO 254 OF 2013
GIDEON KIREMA …................................................1ST PLAINTIFF
PETER NTHAKA ….................................................2ND PLAINTIFF
VERSUS
MARTHA KAREMA SAMUEL.............................1ST DEFENDANT
DANILED MAROTO................................... .......2ND DEFENDANT
JACOB SAMUEL KOBIA....................................3RD DEFENDANT
JAMES MUCHUI M' ATTAYA................................4TH DEFENDANT
ANDREW KINOTI................................................5TH DEFENDANT
AGGREY MUREGA ETHANGATHA..................6TH DEFENDANT
SARAH MWATHIRA ATAYA.................................7TH DEFENDANT
CHARLES THURANIRA ATAYA.........................8TH DEFENDANT
MARIETA KAMWATI.............................................9TH DEFENDANT
JEPTHA ANDREW MUTUA.............................10TH DEFENDANT
STEPHEN MWANGI KAMAU............................11TH DEFENDANT
TABITHA GATUMA MULUBO …......................12 TH DEFENDANT
R U L I N G
On 02/03/2016, a Consent was proffered to Court by the parties asking that this suit be transferred to Tigania Law Courts for hearing and determination. The Consent was in the following terms:-
“By consent: This Case HC E&L No. 254 of 2013 be transferred to the Tigania Principal Magistrate's Court for hearing and determination”.
The Consent is adopted as an order of this Court with the effect that in terms of section 18, CPA , this suit is transferred to the Principal Magistrate's Court, Tigania for hearing and determination.
It is so ordered.
Delivered in open Court at Meru this2nd day of March, 2016 in the presence of:-
CC: Daniel/Lilian
Mutinda for Plaintiffs
Miss Kiome for 1-5 and 8-10 Defendants.
Kitheka for 6-7 Defendants
B.G Kariuki for 11-12 Defendants.
P. M. NJOROGE
JUDGE