[2014] KEHC 238 (KLR)
The court found that since there was already a related suit between the same parties in the Chief Magistrate's Court at Meru (CMCC 45 of 2014), and given that the Chief Magistrate's Court had the requisite pecuniary and territorial jurisdiction, it was in the interest of justice and judicial economy to transfer the...
Source-derived case information.
- Citation
- [2014] KEHC 238 (KLR)
- Parties
- Plaintiff: James Mwenda M'Kiunga; Plaintiff: Stephen Maingi 'Kiunta; Defendant: Mwiti Morris Mutuma; Defendant: John Kiara M'Kiunga
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 35 of 2014
- Procedural Posture
- Civil Case / Ruling on Application for Transfer and Consolidation
- Outcome
- Application allowed by consent; suit transferred and consolidated.
- Judges
- FM Njoroge
- Legal Topics
- Transfer of Suit, Consolidation of Suits, Jurisdiction, Pecuniary Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Mwenda M'Kiunga
Plaintiff
Stephen Maingi 'Kiunta
Plaintiff
Mwiti Morris Mutuma
Defendant
John Kiara M'Kiunga
Defendant
Procedural Posture
Civil Case / Ruling on Application for Transfer and Consolidation
Legal Issues
- 1 Whether the suit should be transferred to the Chief Magistrate's Court at Meru for hearing and determination.
- 2 Whether the suit should be consolidated with Meru CMCC No. 45 of 2014.
- 3 Whether the Chief Magistrate's Court at Meru has the requisite pecuniary and territorial jurisdiction.
Ratio Decidendi
The court found that since there was already a related suit between the same parties in the Chief Magistrate's Court at Meru (CMCC 45 of 2014), and given that the Chief Magistrate's Court had the requisite pecuniary and territorial jurisdiction, it was in the interest of justice and judicial economy to transfer the present suit for consolidation and determination alongside the related matter. The parties consented to the transfer and consolidation, and no prejudice would be occasioned to any party. Accordingly, the application was allowed as prayed.
Court Disposition
Application allowed by consent; suit transferred and consolidated.
Orders
- The suit is transferred to the Chief Magistrate's Court at Meru for hearing and determination.
- The suit is to be consolidated with Meru CMCC No. 45 of 2014 (Mwiti Morris Mutuma v James Mwenda M'Ikiunga & Stephen Maingi M'Ikiunga).
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL CASE NO. 35 OF 2014
JAMES MWENDA M'KIUNGA............................................................ 1ST PLAINTIFF
STEPHEN MAINGI 'KIUNTA...............................................................2ND PLAINTIFF
VERSUS
MWITI MORRIS MUTUMA & ANOTHER......................................1ST DEFENDANT
JOHN KIARA M'KIUNGA................................................................2ND DEFENDANT
R U L I N G
This application is dated 8th September, 2014 and seeks orders:
1. THATthis Honourable court be pleased to transfer this suit to the Chief Magistrate's Court at Meru and consolidate it with MERU CMCC NO. 45 OF 2014 (Mwiti Morris Mutuma – v – James Mwenda M'Ikiunga & Stephen Maingi M'Kiunga)
2. THATcosts of the application be in the cause.
It is supported b the following grounds:
1. THATthe 1s Defendant had already instituted a civil suit in the Chief Magistrate's Court at Meru vide CMCC 45 of 2014 against the 1st and 2nd Plaintiff's herein.
2. THATfor easier determination of this suit and the issues in dispute it ought to be transferred to the chief Magistrate's Court at Meru.
3. THATthe Chief Magistrate's Court at Meru has the requisite pecuniary jurisdiction to handle this mater. The suit lands are also within the jurisdiction of the Honourable Court.
4. THATin the best interest of justice this Honourable Court do transfer this suit to the Chief Magistrate's Court at Meru.
5. THATthe Plaintiffs/Respondents stand to suffer no harm if the suit is transferred to the Chief Magistrate's Court at Meru.
On 25. 11. 2014, the parties by consent, urged this court to allow the application. In the circumstances, this suit is transferred to the Chief Magistrate's Court at Meru for hearing and determination and to be consolidated with Meru CMCC No. 45 of 2014 (Mwiti Moris Mutuma Versus James Mwenda M'Ikiunga & Stephen Maingi M'Ikiunga). Costs shall be in the cause.
It is so ordered.
Delivered in Open Court at Meru this 25th day of November, 2014 in the presence of:
Cc Daniel
D. J. Mbaya for Plaintiffs
Kaumbi h/b Kaburu for defenants
P .M NJOROGE
JUDGE