[2008] KEHC 477 (KLR)
The court found that, by virtue of Section 3(2) of the Magistrates Jurisdiction Act, the Senior Principal Magistrate at Naivasha had jurisdiction throughout the country, including over the area where the cause of action arose. Therefore, the Naivasha court had jurisdiction to try the suit, and the application for...
Source-derived case information.
- Citation
- [2008] KEHC 477 (KLR)
- Parties
- Applicant: Josephat Kinandu Kariuki; Applicant: Cyrus Kariuki Kinandu (Suing as the Administrators of the estate of the late Alice Wangechi Kinandu (Deceased)); Respondent: Peterson Mwangi Njuguna; Respondent: Mugoya Engineering Construction Company Ltd
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 308 of 2007
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit
- Outcome
- Application for transfer of suit allowed.
- Judges
- DK Maraga
- Legal Topics
- Transfer of Suit, Jurisdiction of Magistrates, Territorial Jurisdiction, Interpretation of Statutes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Josephat Kinandu Kariuki
Applicant
Cyrus Kariuki Kinandu (Suing as the Administrators of the estate of the late Alice Wangechi Kinandu (Deceased))
Applicant
Peterson Mwangi Njuguna
Respondent
Mugoya Engineering Construction Company Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the Naivasha court had jurisdiction to entertain the suit initially filed before it.
- 2 Whether the suit should be transferred to the Senior Principal Magistrate’s Court at Nyahururu for trial and determination.
- 3 Whether Section 3(2) of the Magistrates Jurisdiction Act amends Section 15 of the Civil Procedure Act regarding jurisdiction.
Ratio Decidendi
The court found that, by virtue of Section 3(2) of the Magistrates Jurisdiction Act, the Senior Principal Magistrate at Naivasha had jurisdiction throughout the country, including over the area where the cause of action arose. Therefore, the Naivasha court had jurisdiction to try the suit, and the application for transfer was properly before the court. The court allowed the application for transfer of the suit to the Senior Principal Magistrate’s Court at Nyahururu, with costs to the respondent in any event.
Court Disposition
Application for transfer of suit allowed.
Orders
- The suit in Naivasha SPMCC No. 914 of 2004 is transferred to the Senior Principal Magistrate’s Court at Nyahururu for trial and final determination.
- Costs of the application awarded to the respondent in any event.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
IMisc Appli 308 of 2007
JOSEPHAT KINANDU KARIUKI………................................................….1ST APPLICANT
CYRUS KARIUKI KINANDU(Suing as the Administrators of the estate of the late
ALICE WANGECHI KINANDU (DECEASED)…….….............................2ND APPLICANT
VERSUS
PETERSON MWANGI NJUGUNA…...........................................…….1ST RESPONDENT
MUGOYA ENGINEERING CONSTRUCTIONCOMPANY LTD......2ND RESPONDENT
RULING
The applicants are the plaintiffs in Naivasha SPMCC No. 914 of 2004. They have applied under Sections 3A, 17 and 18 of the Civil Procedure Act for the transfer of that suit from that court to the Senior Principal Magistrate’s Court at Nyahururu for trial and final determination. The application is based on the ground that the accident giving rise to that suit occurred along Wanjohi – Captain Road which is within the territorial jurisdiction of the Nyahururu court.
Relying on the cases of Adero & Another Vs Ulinzi SACCO Society Ltd [2002] 1 KLR 577, Omwoyo Vs African Highlands & Produce Co. Ltd [2002] 1 KLR 698andKagenyi Vs Musiramo & Another [1968] EA 43, Miss Mutuku for the Respondent submitted that the applicants should, instead of seeking the transfer, withdraw that case and file a fresh one at Nyahururu. This is because in her view the Naivahsa court had in the first instance no jurisdiction to entertain the suit.
Having considered these submissions I agree with Mr. Masinde for the applicants that Section 3(2) of the Magistrates Jurisdiction Act being a later enactment to the Civil Procedure Act is, on the rules of interpretation of statutes, deemed to have amended Section 15 of the Civil Procedure Act. I therefore find that the Senior Principal Magistrate at Naivasha has, by dint of that section, jurisdiction throughout the country. He therefore had jurisdiction to try the suit sought to be transferred. In the circumstances I allow the application with costs to the Respondent in any event.
DATED and delivered at Nakuru this 30 day of October, 2008.
D. K. MARAGA
JUDGE