[2016] KEHC 512 (KLR)
The court declined to entertain the application for transfer of suit on the basis of a directive from the Hon. Chief Justice, which suspended the transfer of cases from lower courts to the Environment and Land Court (ELC) and vice versa, pending the determination of an appeal against the judgment in Malindi HCCC...
Source-derived case information.
- Citation
- [2016] KEHC 512 (KLR)
- Parties
- Applicant: Karingi Muchui; Respondent: Danson Njogu Kibicho
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Suit 92 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit
- Outcome
- Application for transfer of suit not entertained due to Chief Justice's directive; orders issued suspending such applications pending appeal.
- Judges
- FM Njoroge
- Legal Topics
- Transfer of Suits, Jurisdiction, Pending Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Karingi Muchui
Applicant
Danson Njogu Kibicho
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the High Court should grant an order to transfer Chuka Civil Suit No. 26 of 2014 to itself for determination and final disposal.
- 2 Whether the registry should entertain applications for transfer of suits from lower courts to the Environment and Land Court (ELC) pending determination of an appeal.
Ratio Decidendi
The court declined to entertain the application for transfer of suit on the basis of a directive from the Hon. Chief Justice, which suspended the transfer of cases from lower courts to the Environment and Land Court (ELC) and vice versa, pending the determination of an appeal against the judgment in Malindi HCCC Petition No. 3 of 2016. The court therefore ordered that the registry should not entertain such applications until the appeal is resolved.
Court Disposition
Application for transfer of suit not entertained due to Chief Justice's directive; orders issued suspending such applications pending appeal.
Orders
- Pending determination of the appeal against the Judgment in Malindi HCCC Petition No. 3 of 2016, the registry should not entertain applications for transfer of suits from the Lower Courts to the ELC.
- Pending determination of the Appeal against the Judgment in Malindi HCCC Petition No. 3 of 2016, the registry should not entertain applications for transfer of suit from the ELC to the lower Courts.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
MISC. CIVIL SUIT NO 92 OF 2016
KARINGI MUCHUI.....................................................................APPLICANT
VERSUS
DANSON NJOGU KIBICHO.................................................RESPONDENT
R U L I N G
1. This application is dated 23rd November, 2016 and seeks Orders: -
1. That this application be certified urgent and its service be dispensed with at the first instance.
2. That this Honourable Court be pleased to grant/issue an order to transfer CHUKA CIVIL SUIT NO. 26 OF 2014 to this honourable Court for purposes of determination and final disposal.
3. That there be cost to the suit.
2. The application is supported by the applicant's Supporting Affidavit sworn on 23rd, November, 2016.
3. The Applicant was not in Court to prosecute his application on 5th December, 2016.
4. In view of a pending appeal against Malindi HCCC Petition No. 3 of 2016, the Hon. The Chief Justice has directed that determination of the apposite appeal, transfer of cases from the Lower Courts to the ELC should remain suspended.
5. In the Circumstances it is ordered as follows:-
1. Pending determination of the appeal against the Judgment in Malindi HCCC Petition No. 3 of 2016, the registry should not entertain applications for transfer of suits from the Lower Courts to the ELC.
2. Pending determination of the Appeal against the Judgment in Malindi HCCCC Petition No. 3 of 2016, the registry should not entertain applications for transfer of suit from the ELC to the lower Courts.
6. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 5TH DAY OF DECEMBER, 2016 IN THE PRESENCE OF:
CA: Daniel/James
Karingi Muchoi, Applicant, Absent.
P.M. NJOROGE
JUDGE