[2014] KEHC 2485 (KLR)
The court found that the plaintiff did not challenge the defendants' assertion that the value of the subject matter was less than Kshs. 300,000. Given this uncontroverted fact, the court determined that the Isiolo Law Courts, being a magistrate's court with the appropriate pecuniary jurisdiction, were competent to...
Source-derived case information.
- Citation
- [2014] KEHC 2485 (KLR)
- Parties
- Plaintiff: Manyara Delamere Kiranji; Defendant: Lucy Mwonjaru; Defendant: Dennis Gitonga
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 141 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit Due to Pecuniary Jurisdiction
- Outcome
- Suit transferred to Isiolo Law Courts for hearing and determination by a magistrate with appropriate pecuniary jurisdiction.
- Judges
- FM Njoroge
- Legal Topics
- Transfer of Suit, Pecuniary Jurisdiction, Magistrate Court Jurisdiction, Ownership Declaration, Injunctions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Manyara Delamere Kiranji
Plaintiff
Lucy Mwonjaru
Defendant
Dennis Gitonga
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit Due to Pecuniary Jurisdiction
Legal Issues
- 1 Whether the suit should be transferred to Isiolo Law Courts based on the pecuniary value of the subject matter.
- 2 Whether the Isiolo Law Courts have jurisdiction to hear and determine the matter.
Ratio Decidendi
The court found that the plaintiff did not challenge the defendants' assertion that the value of the subject matter was less than Kshs. 300,000. Given this uncontroverted fact, the court determined that the Isiolo Law Courts, being a magistrate's court with the appropriate pecuniary jurisdiction, were competent to hear and determine the suit. The High Court, therefore, exercised its discretion to transfer the matter to the Isiolo Law Courts to ensure that the case is heard by a court of competent jurisdiction, as required by law.
Court Disposition
Suit transferred to Isiolo Law Courts for hearing and determination by a magistrate with appropriate pecuniary jurisdiction.
Orders
- This suit is transferred to be heard by a magistrate with the apposite pecuniary jurisdiction at Isiolo Law Courts.
- Interim orders issued by this court are extended up to the date when the parties appear for direction before the magistrate in charge of Isiolo Law Courts.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
E & L CASE NO. 141 OF 2013
MANYARA DELAMERE KIRANJI.........................................PLAITIFF/APPLICANT
VERSUS
LUCY MWONJARU................................................1ST DEFENDANT/RESPONDENT
DENNIS GITONGA................................................2ND DEFENDANT/RESPONDENT
R U L I N G
An oral application was made by the defendant on 17. 6.2014 that this suit be transferred to Isiolo Law Courts for hearing and determination as the subject matter had a value of less than Kshs. 300,000/=. Mr. Njeru Ihiga who was holding brief for Mbaabu Inoti for the Plaintiff told the court that he had no instructions regarding the transfer of the suit to Isiolo Law Courts.
On 16. 7.2014, Mr. Baithambu for the plaintiff told the court that his client was opposed to the transfer of the suit to Isiolo Law Courts. Mr. Nyenyire for the defendant told the court that the subject matter was within the jurisdiction of the Isiolo Court.
The plaintiff's prayers in his plaint are for:
(a) A declaration that the plaintiff is the owner of plot No. KIWANJANI K45.
(b) An order of permanent injunction restraining the 1st and 2nd Defendants by themselves, their agents, servants, or assigns from trespassing into, entering, developing, putting any structures, alienating, dealing with or in any other matter whatsoever interfering with the Plaintiff's user, occupation and ownership of Plot No. KIWANJANI K45.
(c) Costs of the suit with interest at court rates.
The defendants assertion that the value of the subject matter in this suit does not exceed Kshs.300,000/= has not been challenged by the plaintiff. I find that this matter can be heard and determined by a magistrate seized of the apposite pecuniary jurisdiction at Isiolo Law Courts.
In the circumstances, I issue the following orders:
This suit is, on this court's own motion, transferred to be heard by a magistrate who possesses the apposite pecuniary jurisdiction at Isiolo Law Courts.
Interim orders issued by this court are extended up to the date when the parties appear for direction before the magistrate in charge of Isiolo Law Courts.
Parties to appear for Directions before the magistrate in charge of Isiolo Law Courts on 30th July, 2014.
Delivered in Open court at Meru this 16th day of July, 2014 in the presence of:
Cc Lilian
Baithambu for the plaintiff
Nyenyire for defendant
P. M. NJOROGE
JUDGE