[2015] KEHC 6128 (KLR)
The Resident Magistrate lacked jurisdiction to transfer the suit to another court, as such power is vested exclusively in the High Court under Section 18(1) of the Civil Procedure Code. The order made by the Resident Magistrate was therefore null and void and was quashed. Upon review of the pleadings, the High Court...
Source-derived case information.
- Citation
- [2015] KEHC 6128 (KLR)
- Parties
- Plaintiff: John Mwangangi Mutia; Defendant: Kasimu Muthangya
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Case 19 of 2015
- Procedural Posture
- Miscellaneous Civil Case / Ruling on Transfer of Suit
- Outcome
- Order of Resident Magistrate quashed; suit transferred to Mwingi Senior Resident Magistrate’s Court.
- Judges
- LN Mutende
- Legal Topics
- Transfer of Suit, Jurisdiction of Courts, Land Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Mwangangi Mutia
Plaintiff
Kasimu Muthangya
Defendant
Procedural Posture
Miscellaneous Civil Case / Ruling on Transfer of Suit
Legal Issues
- 1 Whether the Resident Magistrate had jurisdiction to transfer the suit to another court.
- 2 Whether the High Court should transfer the suit to the competent court having territorial jurisdiction.
Ratio Decidendi
The Resident Magistrate lacked jurisdiction to transfer the suit to another court, as such power is vested exclusively in the High Court under Section 18(1) of the Civil Procedure Code. The order made by the Resident Magistrate was therefore null and void and was quashed. Upon review of the pleadings, the High Court found that the land in dispute is situated within the jurisdiction of Mwingi Law Courts. In the interest of justice and pursuant to its statutory powers, the High Court ordered the transfer of the suit to the Mwingi Senior Resident Magistrate’s Court for trial and disposal.
Court Disposition
Order of Resident Magistrate quashed; suit transferred to Mwingi Senior Resident Magistrate’s Court.
Orders
- The order made by the Resident Magistrate dated 21st October, 2014 is quashed.
- The case is transferred to Mwingi Senior Resident Magistrate’s Court for trial and disposal.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
MISCELLANEOUS CIVIL CASE NO. 19 OF 2015
JOHN MWANGANGI MUTIA ……………………………….PLAINTIFF
VERSUS
KASIMU MUTHANGYA ………………................................DEFENDANT
RULING
This file has been placed before me by Makungu R.N., DeputyRegistrar following an order made by Ombata, R., Resident Magistrate, transferring the matter to Mwingi Law Courts for hearing and determination.
According to Section 18(1) of the Civil Procedure Code, it is the High Court that is seized of jurisdiction to transfer a suit instituted in a Subordinate Court to one that is competent to try it. Consequently the order made by the learned magistrate dated the 21st October, 2014 is null and void. Accordingly it is quashed.
The alluded to provision of the law gives this court power to act suo moto in making such an order of transfer. A perusal of the Plaint indicates that the land in issue is situated at Migwani/Kyome which is within the jurisdiction of Mwingi Law Courts.In the premises, it will be in the interest of justice for the matter to be heard by Mwingi Law Courts.
I therefore order that the case be and is hereby transferred to Mwingi Senior Resident Magistrate’s Court for trial and disposal.
No orders as to costs.
DATED, SIGNED and DELIVEREDatMACHAKOS this 19THday of FEBRUARY, 2015.
L.N. MUTENDE
JUDGE