[2009] KEHC 2873 (KLR)
The court found that Section 18(1)(b)(ii) of the Civil Procedure Act empowers the High Court to transfer a suit from one subordinate court to another, provided the receiving court is competent to try or dispose of the matter. The applicant's request was merited because the Maua Magistrate Court, having a...
Source-derived case information.
- Citation
- [2009] KEHC 2873 (KLR)
- Parties
- Applicant: Julius Boniface Karuru M’Ebuthania (suing as the legal representative of the estate of Doris Kendi Karuru, deceased); Respondent: Henry Mworia M’Mutua; Respondent: Goeffrey Muriri Kinyua; Respondent: The Trustees Registered, Dioceses of Meru; Respondent: James Mwangi Mwai
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Case 37 of 2009
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit
- Outcome
- application granted
- Judges
- MM Kasango
- Legal Topics
- Transfer of Suit, Jurisdiction of Magistrate Courts, Fatal Accident Act Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Boniface Karuru M’Ebuthania (suing as the legal representative of the estate of Doris Kendi Karuru, deceased)
Applicant
Henry Mworia M’Mutua
Respondent
Goeffrey Muriri Kinyua
Respondent
The Trustees Registered, Dioceses of Meru
Respondent
James Mwangi Mwai
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the High Court has power to transfer a suit from one magistrate court to another for judgment delivery.
- 2 Whether the original magistrate court had jurisdiction to hear and determine the matter given the quantum of the claim.
Ratio Decidendi
The court found that Section 18(1)(b)(ii) of the Civil Procedure Act empowers the High Court to transfer a suit from one subordinate court to another, provided the receiving court is competent to try or dispose of the matter. The applicant's request was merited because the Maua Magistrate Court, having a jurisdictional limit of Kshs. 1 million, could not deliver judgment in a matter where the award was likely to exceed that amount. The application was not caught by the principle in Kagenyi v Musiramo, as the original court had jurisdiction to hear the matter but not to deliver judgment if the award exceeded its limit. Therefore, the transfer to the Chief Magistrate Court at Meru was...
Court Disposition
application granted
Orders
- Maua SPMCC No. 217 of 2007 is transferred to the Chief Magistrate Court at Meru for the writing and delivering of the judgment.
- There shall be no orders as to costs in respect of the Notice of Motion dated 8th July 2009.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
Miscellaneous Civil Case 37 of 2009
JULIUS BONIFACE KARURU M’EBUTHANIA
(suing as theLegal representative of the estate of
DORIS KENDI KARURU (deceased) …...............…….APPLICANT
VERSUS
HENRY MWORIA M’MUTUA ……………….. 1ST RESPONDENT
GOEFFREY MURIRI KINYUA ……….………. 2ND RESPONDENT
THE TRUSTEES REGISTERED,
DIOCESES OF MERU …………..…………….. 3RD RESPONDENT
JAMES MWANGI MWAI ……………………... 4TH RESPONDENT
RULING
The applicant has brought a Notice of Motion dated 8th July 2009 brought under S. 18 (b) (ii). By that application, he seeks for the court to order the transfer of CMCC Maua No. 217 of 2007 to the CM Court at Meru for the writing and delivering of the judgment. In his affidavit, the applicant deponed that the matter was heard and finally concluded before the Maua Magistrate Court on 11. 6.2009. The parties were directed to submit in writing before judgment. On preparing his submissions, advocate for the applicant realized that the award under Fatal Accident Act and Law Reform Act would exceed the jurisdiction of the Senior Principal Magistrate at Maua. The said magistrate has a maximum jurisdiction of Kshs. 1million. The application was not opposed by the respondent. Section 18 (i) (b) (ii) does give this court power to transfer a suit pending in a subordinate court for trial or disposal to any court subordinate competent to try or dispose of the same. The application is properly within the provisions of that section. It is not one which is caught by the finding of the case of KAGENYI Vrs. MUSIRAMO (1968) E.A. P. 43. In that case, it was found that the High Court has no power to order a transfer of a suit when the original court had no jurisdiction. In this case, the applicant applies to transfer his suit from one magistrate court to another magistrate court. The application is merited. I grant the following orders:-
1. That the Maua SPMCC No. 217 of 2007 be and is hereby transferred to The Chief Magistrate Court at Meru for the writing and delivering of the judgment.
2. There shall be no orders as to costs in respect of the Notice of Motion dated 8th July 2009.
Dated and delivered at Meru this 22nd day of July 2009.
MARY KASANGO
JUDGE