[2000] KEHC 366 (KLR)

[2000] KEHC 366 (KLR)

The court found that the suit properly falls within the jurisdiction of the relevant tribunal as contemplated by Section 18 of the Civil Procedure Act. Accordingly, it is just and appropriate to transfer the matter to the tribunal for hearing and determination. The applicant, having succeeded in the application, is...

Source-derived case information.

Citation
[2000] KEHC 366 (KLR)
Parties
Plaintiff: Kirinyaga African Rubber Ltd; Defendant: Gerald Gikonyo
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
? 1438 of ??
Procedural Posture
Civil Case / Ruling on Application for Transfer
Outcome
Application allowed. Suit transferred to the tribunal. Costs to the applicant.
Legal Topics
Transfer of Suit, Jurisdiction, Costs Award
Source Language
en
Civil Procedure Transfer of Suit Jurisdiction Costs Award

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kirinyaga African Rubber Ltd

Plaintiff

Gerald Gikonyo

Defendant

Procedural Posture

Civil Case / Ruling on Application for Transfer

Legal Issues

  1. 1 Whether the suit should be transferred to the appropriate tribunal under Section 18 of the Civil Procedure Act.
  2. 2 Whether the applicant is entitled to costs of the application.

Ratio Decidendi

The court found that the suit properly falls within the jurisdiction of the relevant tribunal as contemplated by Section 18 of the Civil Procedure Act. Accordingly, it is just and appropriate to transfer the matter to the tribunal for hearing and determination. The applicant, having succeeded in the application, is entitled to costs.

Court Disposition

Application allowed. Suit transferred to the tribunal. Costs to the applicant.

Orders

  • The application dated 31.8.00 is allowed.
  • The suit is transferred to the relevant tribunal for hearing and determination.