[2016] KEHC 5839 (KLR)
The court found that the Magistrates' Court Act, 2015, which came into force on 2nd January 2016, conferred jurisdiction upon the Magistrates' Courts to hear and determine the present suit. Since the application was unopposed and there was no indication that the defendants would suffer prejudice, the court exercised...
Source-derived case information.
- Citation
- [2016] KEHC 5839 (KLR)
- Parties
- Plaintiff: Grace Kananu Rimita; Defendant: Gregory Mwenda M'Ikwi; Defendant: Michael Kamau Mbugua
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- ? 98 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Transfer of Suit, Jurisdiction of Magistrates Courts, Court Powers Under Civil Procedure Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Grace Kananu Rimita
Plaintiff
Gregory Mwenda M'Ikwi
Defendant
Michael Kamau Mbugua
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the suit should be transferred from the High Court to the Meru Chief Magistrate's Court for hearing and determination.
- 2 Whether the Magistrates' Court is competent to hear and determine the present suit in light of the Magistrates' Court Act, 2015.
Ratio Decidendi
The court found that the Magistrates' Court Act, 2015, which came into force on 2nd January 2016, conferred jurisdiction upon the Magistrates' Courts to hear and determine the present suit. Since the application was unopposed and there was no indication that the defendants would suffer prejudice, the court exercised its discretion under Section 18 of the Civil Procedure Act to transfer the suit from the High Court to the Chief Magistrate's Court at Meru for hearing and determination.
Court Disposition
application allowed
Orders
- The suit is transferred to the Chief Magistrate's Court, Meru, for hearing and determination.
- Costs of the application to be in the cause.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ENVIRONMENT AND LAND SUIT NO 98 OF 2012
GRACE KANANU RIMITA................................................PLAINTIFF
VERSUS
GREGORY MWENDA M'IKWI..............................1ST DEFENDANT
MICHAEL KAMAU MBUGUA ...............................2ND DEFENDANT
R U L I N G
This application is dated 21/06/2016 and seeks orders:-
THATthe Honourable Court be pleased to issue an order transferring this suit from the High Court to the Meru Chief Magistrate's Court for hearing and determination.
THATcosts of the application be in the cause.
The application is buttressed by the affidavit of GRACE KANANU RIMITA and has the following grounds:-
THATthe Subordinate Court is competent to hear and determine the present suit in light of the recent legislation, The Magistrates' Court Act, 2015 which came into force on 2/1/2016.
(b) THAT no prejudice shall be occasioned upon the defendants.
On the day slated for interpartes hearing the Defendants and their Advocate were absent even though they were aware of this date. Mr. Mutegi holding brief for Mr. Mwirigi for the Plaintiff asked the Court to allow the application in view of the fact that it was not opposed.
In the circumstances, the application is allowed in terms of Section 18, CPA, this suit is transferred to the Chief Magistrate's Court, Meru, for hearing and determination.
It is so ordered.
Delivered in open Court at Meru this 8th day of March, 2016 in the presence of:-
CC: Lilian/Daniel
Mutegi h/b Mwirigi for the Plaintiff.
P. M NJOROGE
JUDGE