[2022] KEHC 11768 (KLR)
The court found that the case, Nanyuki CMCC No 36 of 2016, properly belongs in the Chief Magistrate’s Court at Meru rather than at Nanyuki. The respondent, though duly served, did not oppose the application or appear at the hearing. Upon reviewing the supporting affidavit and pleadings, the court was satisfied that...
Source-derived case information.
- Citation
- [2022] KEHC 11768 (KLR)
- Parties
- Applicant: Hassan Juma Kiambi; Respondent: John Gitonga Ngera
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Case E019 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit
- Outcome
- application allowed
- Judges
- HPG Waweru
- Legal Topics
- Transfer of Suit, Jurisdiction, Case Management
- 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
Hassan Juma Kiambi
Applicant
John Gitonga Ngera
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether Nanyuki CMCC No 36 of 2016 should be withdrawn from the Chief Magistrate's Court at Nanyuki and transferred to the Chief Magistrate's Court at Meru for disposal.
Ratio Decidendi
The court found that the case, Nanyuki CMCC No 36 of 2016, properly belongs in the Chief Magistrate’s Court at Meru rather than at Nanyuki. The respondent, though duly served, did not oppose the application or appear at the hearing. Upon reviewing the supporting affidavit and pleadings, the court was satisfied that the transfer was warranted under the relevant statutory provision. The application for transfer was therefore allowed, and the suit was ordered to be withdrawn from Nanyuki and transferred to Meru for disposal. No order as to costs was made for the application.
Court Disposition
application allowed
Orders
- Nanyuki CMCC No 36 of 2016 (Hassan Juma Kiambi v Jonah Gitonga Ngera) is withdrawn from the Chief Magistrate’s Court at Nanyuki and transferred to the Chief Magistrate’s Court at Meru for disposal.
- No order as to costs of this application.
Full Case Text
Judgment text and source record
19 paragraphs
Kiambi v Ngera (Miscellaneous Civil Case E019 of 2021) [2022] KEHC 11768 (KLR) (12 May 2022) (Ruling)
Neutral citation: [2022] KEHC 11768 (KLR)
Republic of Kenya
In the High Court at Nanyuki
Miscellaneous Civil Case E019 of 2021
HPG Waweru, J
May 12, 2022
Between
Hassan Juma Kiambi
Applicant
and
John Gitonga Ngera
Respondent
Ruling
1. The Applicant herein, Hassan Juma Kiambi, has applied by notice of motion dated 22/11/2021 for withdrawal of Nanyuki CM Civil Case No 36 of 2016 from that court and transfer of the same to the Chief Magistrate’s Court at Meru for disposal. The application is brought under section 18(1) (b) (ii) of the Civil Procedure Act, Cap 21, though sub-paragraph (iii) is erroneously cited. The Applicant is the plaintiff in the suit, while the Respondent is the defendant.
2. The Respondent was duly served with the application. He did not file any response. He was also duly served with hearing notice. There was no appearance for him at the hearing.
3. I have read the supporting affidavit. I have also perused the pleadings in the case sought to be transferred. I am satisfied that the case belongs in the Chief Magistrate’s Court at Meru and not at Nanyuki.
4. I will therefore allow the application. Nanyuki CMCC No 36 of 2016 (Hassan Juma Kiambi v Jonah Gitonga Ngera) is hereby withdrawn from that court and transferred to the Chief Magistrate’s Court at Meru for disposal. It is so ordered. There will be no order as to costs of this application.
DATED AND SIGNED AT NANYUKI THIS 11TH DAY OF MAY 2022H P G WAWERUJUDGEDELIVERED AT NANYUKI THIS 12TH DAY OF MAY 2022