[2012] KEHC 4113 (KLR)
The court found that the amount claimed by the plaintiff falls within the jurisdiction of the Chief Magistrate's Court, not the High Court. Additionally, the court fees paid were under-assessed due to the omission of numerical figures in the plaint and the use of general prayers. As a result, the matter was not...
Source-derived case information.
- Citation
- [2012] KEHC 4113 (KLR)
- Parties
- Plaintiff: Macharia Muraguri; Defendant: Attorney General
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Case 32 of 2012
- Procedural Posture
- Civil Case / Ruling on Jurisdiction and Court Fees
- Outcome
- Orders declined; matter transferred to Chief Magistrate's Court.
- Legal Topics
- Court Fees, Jurisdiction, Transfer of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Macharia Muraguri
Plaintiff
Attorney General
Defendant
Procedural Posture
Civil Case / Ruling on Jurisdiction and Court Fees
Legal Issues
- 1 Whether the suit was properly filed in the High Court given the amount claimed.
- 2 Whether the correct court fees were paid based on the sums claimed.
- 3 Whether the matter should be transferred to the Chief Magistrate's Court.
Ratio Decidendi
The court found that the amount claimed by the plaintiff falls within the jurisdiction of the Chief Magistrate's Court, not the High Court. Additionally, the court fees paid were under-assessed due to the omission of numerical figures in the plaint and the use of general prayers. As a result, the matter was not properly before the High Court, and the orders sought could not be granted. The court directed administrative action regarding the fees and ordered the transfer of the matter to the Chief Magistrate's Court for hearing and determination.
Court Disposition
Orders declined; matter transferred to Chief Magistrate's Court.
Orders
- The orders sought by the plaintiff are declined.
- The Senior Deputy Registrar is directed to take up the matter and deal with it administratively.
Full Case Text
Judgment text and source record
32 paragraphs
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REPUBLIC OF KENYA
IN THE HIGH COURT
AT EMBU
Civil Case 32 of 2012
MACHARIA MURAGURI …..….. …………………………………….. PLAINTIFF
VERSUS
ATTORNEY GENERAL………… ………………………………..…. DEFENDANT
R U L I N G
Upon perusal of this file I do note the following;
1. In the body of the plaint the Plaintiff is claiming for;
Shs.721,740. 00
Shs. 40,000. 00
Shs.140,000. 00
TOTAL SHS.901,740/=
Of interest is that the figures are not in numerical but WORDS ONLY.
2. In the prayers sought he seeks general prayers of;
i)Compensation
ii)Unspecified special damages
iii)30% from 13/8/2010
3. Following the omission to indicate the sum claimed as indicated in (1) and going for general prayers the Court fees was assessed as shs.3,275/= by the Registry which is an under assessment. This is very wrong.
4. The amount in issue falls within the jurisdiction of the Chief Magistrate’s Court. I therefore do not understand why it was filed in this Court.
I therefore decline to grant the orders sought as the matter is not properly before me for the reason that proper fees have not been paid.
I direct the Senior Deputy Registrar to take up this matter and deal administratively. Secondly I transfer this matter to the Chief Magistrate’s Court for hearing and final determination.
DATED, SIGNED AND DELIVERED AT EMBU THIS 6TH DAY OF JUNE 2012.
H.I. ONG’UDI
JUDGE