[2017] KEELC 719 (KLR)
The court found that it had both geographical and pecuniary jurisdiction to hear and determine the suit. The transfer of the suit from Nkubu Senior Principal Magistrates' Court to Chuka Law Courts would not be detrimental to any party. The application was unopposed, and the court was satisfied that the interests of...
Source-derived case information.
- Citation
- [2017] KEELC 719 (KLR)
- Parties
- Applicant: John Kamakia Nthatu; Respondent: The Head Teacher Karii Kamburi Primary School; Respondent: The Hon. Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 16 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Transfer of Suit, Jurisdiction, Pecuniary Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Kamakia Nthatu
Applicant
The Head Teacher Karii Kamburi Primary School
Respondent
The Hon. Attorney General
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the court has jurisdiction to transfer the suit from Nkubu Senior Principal Magistrates' Court to Chuka Law Courts.
- 2 Whether the transfer would prejudice any party.
Ratio Decidendi
The court found that it had both geographical and pecuniary jurisdiction to hear and determine the suit. The transfer of the suit from Nkubu Senior Principal Magistrates' Court to Chuka Law Courts would not be detrimental to any party. The application was unopposed, and the court was satisfied that the interests of justice would be served by granting the transfer. Accordingly, the court ordered the transfer of the suit for hearing and determination at Chuka Law Courts.
Court Disposition
application allowed
Orders
- Nkubu Senior Principal Magistrates' Civil Suit No. 26 of 2011 is transferred to Chuka Law Courts for hearing and determination.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC MISCELLANEOUS APPLICATION CASE NO 16 OF 2017
FORMERLY CHUKA CM’S COURT MISC CIVIL APPLICATION NO. 5/2015
JOHN KAMAKIA NTHATU.........................................................................APPLICANT
VERSUS
THE HEAD TEACHER KARII KAMBURI PRIMARY SCHOOL...1ST RESPONDENT
THE HON. ATTORNEY GENERAL................................................2ND RESPONDENT
RULING
1. This application is dated 26th October, 2016 and seeks orders:
1. That this honourable court be pleased to transfer NKUBU SENIOR PRINCIPAL MAGISTRATES’ CIVIL SUIT NO. 26 OF 2011 to Chuka Law Courts for hearing and determination.
2. That costs be provided for.
2. The application has the following grounds:
a) That the applicant sued the respondents in NKUBU SENIOR PRINCIPAL MAGISTRATES’ CIVIL SUIT NO.26 OF 2011.
b) That the said suit was filed in a court of competent jurisdiction.
c) That on the 9. 7.2014 the honourable magistrate in Nkubu opined that the suit be transferred from Nkubu to Tharaka Nithi County for hearing and determination.
d) That this honourable court has both geographical and pecuniary jurisdiction to hear and determine the said civil suit.
3. I have considered the pleadings filed in this application. I opine that transferring Nkubu Senior Principal Magistrates’ Civil Suit NO. 26 of 2011 to Chuka Law Courts for hearing and determination will not be negatively detrimental to any of the parties.
4. In the circumstances, I order as follows:
This suit is transferred to Chuka Law Courts for hearing and determination.
Delivered in open court at Chuka this 6th day of December, 2017 in the presence of:
CA: Ndegwa
Parties absent
P.M. NJOROGE
JUDGE