[2016] KEHC 5841 (KLR)
The court adopted the consent of the parties as its order, finding that there was mutual agreement for the transfer of the suit. Pursuant to Section 18 of the Civil Procedure Act, the court held that it had the authority to transfer the matter to another court of competent jurisdiction. The consent was clear and...
Source-derived case information.
- Citation
- [2016] KEHC 5841 (KLR)
- Parties
- Plaintiff: Maria Ndegwa; Defendant: John Marete Ndegwa
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 67 of 2014
- Procedural Posture
- Land Case / Ruling on Transfer by Consent
- Outcome
- Suit transferred to Principal Magistrate's Court, Nkubu, by consent.
- Judges
- FM Njoroge
- Legal Topics
- Transfer of Suit, Jurisdiction, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maria Ndegwa
Plaintiff
John Marete Ndegwa
Defendant
Procedural Posture
Land Case / Ruling on Transfer by Consent
Legal Issues
- 1 Whether the suit should be transferred to the Principal Magistrate's Court, Nkubu, by consent of the parties.
Ratio Decidendi
The court adopted the consent of the parties as its order, finding that there was mutual agreement for the transfer of the suit. Pursuant to Section 18 of the Civil Procedure Act, the court held that it had the authority to transfer the matter to another court of competent jurisdiction. The consent was clear and unambiguous, and there was no legal impediment to granting the order sought. Accordingly, the suit was transferred to the Principal Magistrate's Court, Nkubu, for hearing and determination.
Court Disposition
Suit transferred to Principal Magistrate's Court, Nkubu, by consent.
Orders
- The suit is transferred to the Principal Magistrate's Court, Nkubu, for hearing and determination.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ENVIROMENT AND LAND CASE NO. 67 OF 2014
MARIA NDEGWA.................................................................................PLAINTIFF
VERSUS
JOHN MARETE NDEGWA …........................................................DEFENDANT
R U L I N G
On 2nd March, 2016 the Advocates representing the parties presented a Consent to Court which they asked the Court to adopt as its order. The Consent was in the following terms:-
Consent
“ That by consent this case be transferred to Nkubu Principal Magistrate's Court for hearing and determination”.
The Consent has been adopted as an order of this Court. In accordance with Section 18 of the Civil Procedure Act, this suit is transferred to the Principal Magistrate's Court, Nkubu, for hearing and determination.
It is so ordered.
Delivered in open Court at Meru this 2nd day of March, 2016 in the presence of :-
cc: Lilian/Daniel
Anampiu for Plaintiff
Kitheka h/b Rimita for Defendant
P. M. NJOROGE
JUDGE