[2016] KEHC 6726 (KLR)

[2016] KEHC 6726 (KLR)

The court, acknowledging the parties' mutual consent and the provisions of Section 18 of the Civil Procedure Act, determined that it was appropriate to transfer the suit to Nkubu Law Courts for hearing and determination. The judge noted the age of the suit (14 years) and, despite some reluctance, found no legal...

Source-derived case information.

Citation
[2016] KEHC 6726 (KLR)
Parties
Plaintiff: John M'Mbwiria Z. Kamundi; Defendant: Joseph Kinja M'Twamikwa
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Civil Case 58 of 2002
Procedural Posture
Civil Case / Ruling on Transfer of Suit
Outcome
Suit transferred to Nkubu Law Courts for hearing and determination as per consent.
Judges
FM Njoroge
Legal Topics
Transfer of Suit, Consent Orders, Jurisdiction, Case Management
Source Language
en
Civil Procedure Transfer of Suit Consent Orders Jurisdiction Case Management

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Summary, issues, holding and outcome

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Parties

John M'Mbwiria Z. Kamundi

Plaintiff

Joseph Kinja M'Twamikwa

Defendant

Procedural Posture

Civil Case / Ruling on Transfer of Suit

Legal Issues

  1. 1 Whether the suit should be transferred to Nkubu Law Courts for hearing and determination as per the parties' consent.
  2. 2 Whether Section 18 of the Civil Procedure Act permits such transfer.

Ratio Decidendi

The court, acknowledging the parties' mutual consent and the provisions of Section 18 of the Civil Procedure Act, determined that it was appropriate to transfer the suit to Nkubu Law Courts for hearing and determination. The judge noted the age of the suit (14 years) and, despite some reluctance, found no legal impediment to granting the transfer as requested by both parties. The order was made in accordance with the parties' consent and the statutory authority granted to the court to transfer proceedings.

Court Disposition

Suit transferred to Nkubu Law Courts for hearing and determination as per consent.

Orders

  • The suit is transferred to Nkubu Law Courts for hearing and determination in terms of Section 18 of the Civil Procedure Act.