[2014] KEHC 2465 (KLR)
The court adopted the consent of the parties to transfer Meru CMCC No.127 of 2011 to the Chief Magistrate's Court Maua for hearing and disposal. The court recognized that parties may, by consent, agree to procedural orders, including transfer of suits, and such consent may be adopted as an order of the court. There...
Source-derived case information.
- Citation
- [2014] KEHC 2465 (KLR)
- Parties
- Applicant: Dr. James Machoki M'Imunya; Respondent: The Land Adj. & Settlement Officer Igembe; Respondent: The Hon. Attorney General
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 33 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Transfer of Suit by Consent
- Outcome
- Suit transferred to Chief Magistrate's Court Maua by consent; costs in the cause.
- Judges
- FM Njoroge
- Legal Topics
- Transfer of Suit, Consent Orders, Jurisdiction, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dr. James Machoki M'Imunya
Applicant
The Land Adj. & Settlement Officer Igembe
Respondent
The Hon. Attorney General
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Transfer of Suit by Consent
Legal Issues
- 1 Whether the suit should be transferred to the Chief Magistrate's Court at Maua by consent of the parties.
Ratio Decidendi
The court adopted the consent of the parties to transfer Meru CMCC No.127 of 2011 to the Chief Magistrate's Court Maua for hearing and disposal. The court recognized that parties may, by consent, agree to procedural orders, including transfer of suits, and such consent may be adopted as an order of the court. There was no objection to the transfer, and the consent was clear and unequivocal. The court therefore ordered the transfer as sought and directed that costs be in the cause.
Court Disposition
Suit transferred to Chief Magistrate's Court Maua by consent; costs in the cause.
Orders
- Meru CMCC No.127 of 2011 is transferred to the Chief Magistrate's Court Maua for hearing and disposal.
- Costs be in the cause.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISC. APPLICATION 33 OF 2014
DR. JAMES MACHOKI M'IMUNYA..........................................................APPLICANT
VERSUS
THE LAND ADJ. & SETTLEMENT OFFICER
IGEMBE AND ANOTHER...............................................................1ST RESPONDENT
THE HON. ATTORNEY GENERAL...............................................2ND RESPONDENT
R U L I N G
On 2nd July, 2014 the advocates for the parties submitted to this Court a consent seeking to have the suit transferred to the C.M.'s Court Maua for hearing and determination. The consent was in the following terms:
“By consent of the Applicant's Advocate and the Respondent's advocate the application dated 16thJune, 2014 be allowed. Meru CMCC No.127 of 2011 be transferred to the Chief Magistrate's Court Maua for hearing and disposal.
Costs be in the cause.”
The terms of the consent have been adopted as an order of this Court. Consequently, this suit is hereby transferred to the chief Magistrate's Court at Maua for hearing and determination.
Delivered in Open court at Meru this 2nd day of July, 2014 in the presence of :
Cc Daniel.
Rimita for the applicant
Menge for respondent
P. M. NJOROGE
JUDGE