[2018] KEHC 8251 (KLR)
The court determined that the dispute, as pleaded, is fundamentally commercial in nature and therefore falls within the jurisdiction of the Commercial Division of the High Court. Since the application before the court sought to strike out the plaint, and the underlying dispute is commercial, it would be improper for...
Source-derived case information.
- Citation
- [2018] KEHC 8251 (KLR)
- Parties
- Plaintiff: Margaret Gacigi Gecaga; Defendant: Gateway Insurance Co. Ltd; Defendant: Udi Mareka Gecaga; Defendant: Quinvest Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 387 of 2014
- Procedural Posture
- Civil Case / Direction on Transfer to Commercial Division
- Outcome
- case transferred to commercial division for directions
- Legal Topics
- Transfer of Proceedings, Jurisdiction, Striking Out of Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Gacigi Gecaga
Plaintiff
Gateway Insurance Co. Ltd
Defendant
Udi Mareka Gecaga
Defendant
Quinvest Limited
Defendant
Procedural Posture
Civil Case / Direction on Transfer to Commercial Division
Legal Issues
- 1 Should the matter be heard in the Civil Division or the Commercial Division of the High Court?.
- 2 Is the application to strike out the plaint properly before the current division?.
- 3 What is the appropriate forum for adjudication of the commercial dispute between the parties?.
Ratio Decidendi
The court determined that the dispute, as pleaded, is fundamentally commercial in nature and therefore falls within the jurisdiction of the Commercial Division of the High Court. Since the application before the court sought to strike out the plaint, and the underlying dispute is commercial, it would be improper for the Civil Division to proceed without first transferring the matter to the appropriate division. The court thus deferred the matter to the Commercial Division for further directions, ensuring that the issues are addressed by judges with the requisite jurisdiction and expertise.
Court Disposition
case transferred to commercial division for directions
Orders
- The case is deferred to the Commercial Division of the High Court.
- Counsel to appear before the Duty Judge of the Commercial Division on 6th March, 2018 for appropriate directions.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CIVIL CASE NO. 387 OF 2014
MARGARET GACIGI GECAGA.......................PLAINTIFF
VERSUS
GATEWAY INSURANCE CO. LTD............1ST DEFENANT
UDI MAREKA GECAGA.........................2ND DEFENDANT
QUINVEST LIMITED..............................3RD DEFENDANT
DIRECTIONS
The genesis of the dispute herein going by the plaint filed on 13th November, 2014 is clearly a commercial dispute between the parties herein. Although the application before me dated 20th January, 2015 relates to striking out of the plaint, it cannot be divorced from the interests of the parties as appear in the pleadings.
When I took over the matter, several judges in the Civil Division had handled the same at different stages without addressing the pleadings. It is when I retired to prepare the ruling that it occurred to me this matter should have been placed before the Commercial Division of the High Court.
In view of the foregoing, I have decided to defer the case to the correct division for the judges to address the issues after due notice to all parties herein. I direct counsel to appear before the Duty Judge of the Commercial Division on 6th March, 2018 for appropriate directions.
Dated, signed and delivered at Nairobi this 27th Day of February, 2018.
A. MBOGHOLI MSAGHA
JUDG