[2015] KEHC 1361 (KLR)
The court found that Section 18(1)(a) of the Civil Procedure Act confers upon it the authority to transfer suits to subordinate courts that are competent to try and dispose of them. Since the claim is for general and special damages following a fatal road accident and the anticipated damages do not exceed the...
Source-derived case information.
- Citation
- [2015] KEHC 1361 (KLR)
- Parties
- Plaintiff: Jerios Wanjiku Maina (suing as an administrator on behalf of the estate of Edith Wamuyu Maina); Defendant: Mwaura Reuben
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 8 of 2013
- Procedural Posture
- Civil Case / Application for Transfer of Suit
- Outcome
- application allowed
- Legal Topics
- Transfer of Suit, Pecuniary Jurisdiction, Fatal Road Accident, Damages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jerios Wanjiku Maina (suing as an administrator on behalf of the estate of Edith Wamuyu Maina)
Plaintiff
Mwaura Reuben
Defendant
Procedural Posture
Civil Case / Application for Transfer of Suit
Legal Issues
- 1 Whether the High Court has jurisdiction to transfer the suit to the Chief Magistrate's Court.
- 2 Whether the Chief Magistrate's Court has pecuniary jurisdiction to hear and determine the suit.
Ratio Decidendi
The court found that Section 18(1)(a) of the Civil Procedure Act confers upon it the authority to transfer suits to subordinate courts that are competent to try and dispose of them. Since the claim is for general and special damages following a fatal road accident and the anticipated damages do not exceed the pecuniary jurisdiction of the Chief Magistrate's Court, the application for transfer is merited. The court also noted that the application was not opposed and that reliance on constitutional provisions was unnecessary for this procedural matter.
Court Disposition
application allowed
Orders
- The suit is transferred to the Chief Magistrate’s Court at Nairobi Milimani Commercial Courts for hearing and final disposal.
- No orders as to costs.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CIVIL CASE NO. 8 OF 2013
JERIOS WANJIKU MAINA (suing as an administrator on behalf of
the estate ofEDITH WAMUYU MAINA)……………………..PLAINTIFF
VERSUS
MWAURA REUBEN…………………..………………………DEFENDANT
COURT RULING
The applicant’s application dated 28th August 2015 seeks for transfer of this suit from this court to the chief Magistrates Court at Milimani for hearing and final determination.
The application is brought under the provisions of the Constitutional provisions of Article 165(5) and 162(2) of the Constitution. Nonetheless, Section 18(1) (a) of the Civil Procedure Act does confer on this court the power to transfer any suit pending before it for trial and disposal to any court subordinate to it and competent to try and dispose of it . It was therefore not necessary to load this application with such serious constitutional provisions which I find quite irrelevant and inapplicable in an application of this nature.
The claim herein is for general and special damages following a fatal road accident. The Chief Magistrates court has jurisdiction to hear and determine such suit where the damages anticipated do not exceed its pecuniary jurisdiction. The application is not opposed.
In the premises, I find the application merited. Accordingly, I order that this suit be transferred to the Chief Magistrate’s Court at Nairobi Milimani Commercial Courts for hearing and final disposal. I make no orders as to costs.
Orders accordingly.
R.E. ABURILI
JUDGE
28/10/2015