[2016] KEHC 7581 (KLR)
The court found that the value of the subject matter, being Kshs. 600,000, is within the pecuniary jurisdiction of the Subordinate Court at Meru Law Courts. The court also noted that the Subordinate Court has the requisite geographical jurisdiction. There was no evidence that transferring the suit would prejudice...
Source-derived case information.
- Citation
- [2016] KEHC 7581 (KLR)
- Parties
- Plaintiff: Leonard Mugambi; Defendant: Erastus Mungania
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 29 of 2013
- Procedural Posture
- Civil Case / Ruling on Application for Transfer of Suit
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Transfer of Suit, Pecuniary Jurisdiction, Territorial Jurisdiction, Court Competence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Leonard Mugambi
Plaintiff
Erastus Mungania
Defendant
Procedural Posture
Civil Case / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the Environment and Land Court should transfer the suit to the Subordinate Court at Meru Law Courts for hearing and determination.
- 2 Whether the Subordinate Court at Meru Law Courts has both geographical and pecuniary jurisdiction over the subject matter.
Ratio Decidendi
The court found that the value of the subject matter, being Kshs. 600,000, is within the pecuniary jurisdiction of the Subordinate Court at Meru Law Courts. The court also noted that the Subordinate Court has the requisite geographical jurisdiction. There was no evidence that transferring the suit would prejudice any party. Therefore, in accordance with section 18 of the Civil Procedure Act, the court allowed the application and ordered the transfer of the suit to the Meru Law Courts for hearing and determination.
Court Disposition
application allowed
Orders
- The suit is transferred to Meru Law Courts for hearing and determination.
- Costs to be provided for.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
IN THE ENVIRONMENT AND LAND COURT AT MERU
CIVIL CASE NO 29 OF 2013
LEONARD MUGAMBI .......................................PLAINTIFF
VERSUS
ERASTUS MUNGANIA...................................DEFENDANT
R U L I N G
This application is dated 4th March, 2016 and seeks orders:-
THATthis Honourable Court be pleased to transfer this suit to the Subordinate Court at Meru Law Courts for hearing and determination.
THATcosts be provided for.
The application is buttressed by the affidavit of LEONARD MUGAMBI, the applicant, and has the following grounds:-
THATthe subject matter involves land Parcel No. NKUENE/TAITA/1941 whose value is Kshs. 600,000/=.
THATthe said suit was filed in a Court of competent jurisdiction.
THATthe Subordinate at Meru Law Courts has both geographical and pecuniary jurisdiction to hear and determine the said civil suit.
I have looked at the apposite averments. I am in agreement with the applicant that the pecuniary interest in this matter is within the jurisdiction of Judicial Officers at Meru Law Courts.
Allowing this application will not be prejudicial to any of the parties. In the circumstances, the application is allowed. In terms of section 18, CPA , this suit is transferred to Meru Law Courts for hearing and determination.
It is so ordered.
Delivered in open Court at Meru this 14th day of March 2016 in the presence of:-
CC: Daniel/Lilian
Kimathi Kiara for the Plaintiff
P. M. NJOROGE
JUDGE