[2024] KEHC 12541 (KLR)

Source-derived case information.

Citation: [2024] KEHC 12541 (KLR)
Parties: Applicant: Paul Kiprono Laigong; Respondent: Ragos Trading Co. Limited; Respondent: Adan Japso
Court: High Court
Court Station: High Court at Kiambu
Jurisdiction: Kenya
Case Number: Miscellaneous Application E173 of 2024
Procedural Posture: Miscellaneous Application / Ruling on Chamber Summons for Transfer and Stay
Outcome: Application allowed by consent; suit transferred to appropriate division; costs in the cause.
Judges: DO Chepkwony
Legal Topics: Transfer of Suit, Jurisdiction of Magistrate Courts, Stay of Proceedings
Source Language: en

Civil Procedure Transfer of Suit Jurisdiction of Magistrate Courts Stay of Proceedings

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Summary, issues, holding and outcome

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Parties

Paul Kiprono Laigong

Applicant

Ragos Trading Co. Limited

Respondent

Adan Japso

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Chamber Summons for Transfer and Stay

Legal Issues

1 Whether the Limuru COMMSU No.E010 of 2024 should be transferred to the Civil Division of the Limuru Magistrate's Court for hearing and determination.
2 Whether an order of stay of proceedings and restraint against dismissal for want of jurisdiction should be granted.

Ratio Decidendi

The court found that since both parties were in agreement and the issue was one of jurisdiction, it was appropriate to transfer Limuru COMMSU No.E010 of 2024 to the Civil Division of the Limuru Magistrate's Court for hearing and determination. The court further held that costs would be in the cause, and that the transfer would ensure the matter is heard by a court with competent jurisdiction, thus upholding the proper administration of justice and preventing the suit from being dismissed or struck out for want of jurisdiction.

Court Disposition

Application allowed by consent; suit transferred to appropriate division; costs in the cause.

Orders

Limuru COMMSU No.E010 of 2024, Paul Kiprono Laigong –vs– Ragos Trading Company & Another is transferred as a Civil Suit to the Limuru Magistrate’s Court, Civil Division for hearing and determination.
Costs to be in the cause.

Full Case Text

Judgment text and source record

20 paragraphs

Laigong v Ragos Trading Co. Limited & another (Miscellaneous Application E173 of 2024) [2024] KEHC 12541 (KLR) (17 October 2024) (Ruling)

Neutral citation: [2024] KEHC 12541 (KLR)

Republic of Kenya

In the High Court at Kiambu

Miscellaneous Application E173 of 2024

DO Chepkwony, J

October 17, 2024

Between

Paul Kiprono Laigong

Applicant

and

Ragos Trading Co. Limited

1st Respondent

Adan Japso

2nd Respondent

Ruling

1. Vide a Chamber Summons application dated 19th August, 2024, the Applicant is seeking for orders:a.Spent.b.That pending the hearing and determination of this application, this Honourable Court be pleased to issue an order staying proceedings in Limuru COMMSU No.E010 of 2024, Paul Kiprono Laigong –vs- Ragos Trading Company & Another.c.That pending the hearing and determination of this application, this Honourable Court be pleased to issue an order restraining the Executive Officer, Limuru Magistrate Court from listing for dismissal and/or striking out Limuru COMMSU No.E010 of 2024, Paul Kiprono Laigong –vs- Ragos Trading Company & Another for want of jurisdiction.d.That this Honourable Court be pleased to issue an order transferring Limuru COMMSU No.E010 of 2024, Paul Kiprono Laigong –vs- Ragos Trading Company & Another to the Limuru Magistrate Court, Civil Suit Division or any other court with competent jurisdiction to hear and dispose the suit.e.That the costs of this application be provided for.f.That the court issues any other order as it deems fit and just.

2. The application is based on the grounds set out on its face and reiterated and substantiated in the Supporting Affidavit sworn by counsel, Mr. Newton Ludenyo on even date together with the annexures attached thereto. The application is confirmed by counsel for the Respondent.

3. In view of this, the Chamber Summons application dated 15th August, 2024 be and is hereby allowed in the following terms:-a.An order is hereby issued for Limuru COMMSU No.E010 of 2024, Paul Kiprono Laigong –vs- Ragos Trading Company & Another to be transferred as a Civil Suit in the Limuru Magistrate’s Court, Civil Division for hearing and determination.b.Costs to be in the cause.It is so ordered.

RULING DATED AND SIGNED AT KIAMBU THIS 17TH DAY OFOCTOBER , 2024. D. O. CHEPKWONYJUDGEIn the presence of:Mr. Ludenyo counsel for the ApplicantMr. Kiranda counsel for the RespondentCourt Assistant - Sanja

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