[2008] KEHC 2509 (KLR)
The High Court determined that although the claim for KES 120,000 should have been filed in the Magistrate's Court, the defendant had already filed a statement of defence raising issues for determination. In the interest of justice, the court found it appropriate to transfer the suit to the Resident Magistrate's...
Source-derived case information.
- Citation
- [2008] KEHC 2509 (KLR)
- Parties
- Plaintiff: James Wanjohi Warui; Defendant: James Muriithi Mwangi
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- ? NO. of 1923
- Procedural Posture
- Civil Case / Ruling on Jurisdiction and Transfer
- Outcome
- suit transferred to magistrate's court; costs to defendant
- Legal Topics
- Jurisdiction of Courts, Transfer of Suits, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Wanjohi Warui
Plaintiff
James Muriithi Mwangi
Defendant
Procedural Posture
Civil Case / Ruling on Jurisdiction and Transfer
Legal Issues
- 1 Whether the High Court has jurisdiction to hear a claim for KES 120,000.
- 2 Whether filing the suit in the High Court constitutes an abuse of court process.
- 3 Whether the suit should be struck out or transferred to the appropriate court.
Ratio Decidendi
The High Court determined that although the claim for KES 120,000 should have been filed in the Magistrate's Court, the defendant had already filed a statement of defence raising issues for determination. In the interest of justice, the court found it appropriate to transfer the suit to the Resident Magistrate's Court at Kerugoya rather than striking it out. The court held that filing the suit in the High Court was an abuse of process but did not amount to a lack of jurisdiction that would necessitate striking out the suit. The plaintiff was ordered to pay the costs incurred for the day to the defendant.
Court Disposition
suit transferred to magistrate's court; costs to defendant
Orders
- The suit is transferred to Kerugoya Resident Magistrate’s Court for hearing and determination.
- The plaintiff shall pay costs incurred today to the defendant.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU
HC CIVIL CASE NO. 23 OF 2006
JAMES WANJOHI WARUI…………………………………………PLAINTIFF
VERSUS
JAMES MURIITHI MWANGI……………………………………..DEFENDANT
RULING
In this case the only claim prayed for is a small sum of Shs. 120,000/= the provision of Civil Procedure is clear on the issue of the jurisdiction on claims.
Also see the Magistrate’s Courts Act. Filing of this suit in the High Court is abuse of court process. The plaint should not have been accepted in this court registry. However the Defendant applicant has filed a Statement of Defence raising some issues which should be canvassed in court. I am of the opinion that justice will be done between the parties by sending this suit for hearing and determination in Resident Magistrate’s Court in Kerugoya. This court has jurisdiction to hear all matters in the Republic it is for this reason that I do not find the suit as having been filed in a court without jurisdiction in which case this suit would have been struck off.
I order this suit to be transferred to Kerugoya Resident Magistrate’s Court. Plaintiff to pay costs incurred today to the defendant.
J. N. KHAMINWA
JUDGE
16th Jan 2008