[2009] KEHC 2326 (KLR)
The court held that it cannot speculate on the likely outcome or the amount of damages that may be awarded in the subordinate court. The mere allegation by the applicant that he may be awarded Ksh. 10 million in damages for defamation is insufficient to justify the transfer of the suit to the High Court. The...
Source-derived case information.
- Citation
- [2009] KEHC 2326 (KLR)
- Parties
- Applicant: Jim Matia Bandi; Respondent: Herman Onzere; Respondent: Isaac Injira; Respondent: Christopher M’Mbogo; Respondent: Johnstone Jomo Ombeva; Respondent: Gabriel Ambani Amaiza; Respondent: Jamin Igadwa; Respondent: Nixon Luseno
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 81 of 2007
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Transfer Suit From Subordinate Court to High Court
- Outcome
- application dismissed with costs to the 1st, 2nd, 3rd, 4th, 5th and 6th respondents
- Legal Topics
- Transfer of Suits, Pecuniary Jurisdiction, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jim Matia Bandi
Applicant
Herman Onzere
Respondent
Isaac Injira
Respondent
Christopher M’Mbogo
Respondent
Johnstone Jomo Ombeva
Respondent
Gabriel Ambani Amaiza
Respondent
Jamin Igadwa
Respondent
Nixon Luseno
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Transfer Suit From Subordinate Court to High Court
Legal Issues
- 1 Whether the High Court should transfer Eldoret CMCC No. 239 of 2006 to itself for hearing and determination.
- 2 Whether the alleged amount of damages claimed justifies transfer based on pecuniary jurisdiction.
- 3 Whether the application constitutes an abuse of court process.
Ratio Decidendi
The court held that it cannot speculate on the likely outcome or the amount of damages that may be awarded in the subordinate court. The mere allegation by the applicant that he may be awarded Ksh. 10 million in damages for defamation is insufficient to justify the transfer of the suit to the High Court. The applicant, knowing the level of damages sought, should have filed the suit in the appropriate court with the requisite jurisdiction. The application for transfer was therefore found to be unmerited and an abuse of the court process, and was dismissed with costs to the respondents.
Court Disposition
application dismissed with costs to the 1st, 2nd, 3rd, 4th, 5th and 6th respondents
Orders
- The application to transfer Eldoret CMCC No. 239 of 2006 to the High Court is dismissed.
- Costs awarded to the 1st, 2nd, 3rd, 4th, 5th and 6th respondents.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT ELDORET
MISCELLANEOUS CIVIL APPLICATION 81 OF 2007
JIM MATIA BANDI ……………………………..……… APPLICANT
VERSUS
HERMAN ONZERE …………………….……… 1ST RESPONDENT
ISAAC INJIRA ………………………………….. 2ND RESPONDENT
CHRISTOPHER M’MBOGO …………..…….. 3RD RESPONDENT
JOHNSTONE JOMO OMBEVA ……..……… 4TH RESPONDENT
GABRIEL AMBANI AMAIZA …………..……. 5TH RESPONDENT
JAMIN IGADWA ……………………………….. 6TH RESPONDENT
NIXON LUSENO …………………………..…… 7TH RESPONDENT
RULING
This is an application under the provisions of Section 18 of the Civil Procedure Act, Cap. 21 for an Order that the Eldoret CMCC No. 239 of 2006 be transferred to the Eldoret High Court for hearing and determination.
The main ground for the application is that the amount which might ultimately be awarded in the Judgment will be beyond the pecuniary jurisdiction of the Lower Court. The Applicant says that his claim in the sum of Ksh. 10 Million in damages for defamation.
The application is opposed by the Defendants.
I have carefully perused the Amended Plaint dated 20th December, 2006. It is my view that this Court cannot speculate or predict the likely outcome in the suit before the Chief Magistrate’s Court. To allow the transfer of the suit on the allegation that the Plaintiff is likely to be awarded Sh. 10 Million in damages would be improper, speculative and an interference with the due process of the Court.
If the Applicant knew of the level of damages he intended to seek, he ought have filed his suit in the appropriate jurisdiction.
The application is not merited and is an abuse of the Court process. This is not a suitable case for transfer of a suit from the Subordinate Court to the High Court.
The application is dismissed with costs to the 1st, 2nd, 3rd, 4th, 5th and 6th Defendants.
DATED AND DELIVERED AT ELDORET ON THIS 2ND JUNE, 2009.
M. K. IBRAHIM
JUDGE
In the presence of:
Applicants
Six (6) Defendants
Mr. Kitur holding brief for Mr. Shitsama for the 4th, 5th and 6th Respondents