[2000] KEHC 442 (KLR)
The court exercised its discretion to allow the transfer of Civil Case No. 660 of 1996 from the Kiambu Resident Magistrate Court to the Milimani Resident Magistrates’ Court in Nairobi, as prayed by the applicant. However, the court ordered that the applicant must pay the costs of the application to the respondent...
Source-derived case information.
- Citation
- [2000] KEHC 442 (KLR)
- Parties
- Applicant: Merchant Card Limited; Respondent: Githire Kagia
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 660 of 1996
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit
- Outcome
- Application allowed with conditions.
- Legal Topics
- Transfer of Suit, Jurisdiction of Courts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Merchant Card Limited
Applicant
Githire Kagia
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether Civil Case No. 660 of 1996 should be transferred from Kiambu Resident Magistrate Court to Milimani Resident Magistrates’ Court in Nairobi.
- 2 Who should bear the costs of the transfer application.
Ratio Decidendi
The court exercised its discretion to allow the transfer of Civil Case No. 660 of 1996 from the Kiambu Resident Magistrate Court to the Milimani Resident Magistrates’ Court in Nairobi, as prayed by the applicant. However, the court ordered that the applicant must pay the costs of the application to the respondent before the transfer is effected, thereby balancing the interests of both parties and ensuring that the respondent is compensated for the costs incurred in responding to the application.
Court Disposition
Application allowed with conditions.
Orders
- Civil Case No. 660 of 1996 at Kiambu Resident Magistrate Court is to be transferred to the Resident Magistrates’ Court at Milimani in Nairobi.
- The applicant shall pay the cost of the application to the respondent before the transfer is effected.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI MISC. APPL. NO. 20 OF 2000 IN THE MATTER OF CIVIL CASE NO. 660 OF 1996 (KIAMBU) MERCHANT CARD LIMITED……………..PLAINTIFF/APPLICANT -VERSUS GITHIRE KAGIA…………………….DEFENDANT/RESPONDENT RULING The applicant is asking for the transfer of the Civil Case No. 660 of 1996 at the Kiambu Resident Magistrate Court to the Resident Magistrates’ Court at Milimani in Nairobi. The application is supported by an affidavit by Mr. Komanje who explains the circumstances under which the suit was filed in Kiambu instead of Nairobi. The application is allowed as prayed for in the application but the applicant shall pay the cost of the application to the Respondent, which must be paid before the transfer is effected. Delivered this 8th day of February, 2000. KASANGA MULWA JUDGE