[2005] KEHC 3278 (KLR)
The High Court at Nairobi declined to transfer the suit from the Chief Magistrate's Court Nakuru to Nairobi, holding that the suit was filed in a subordinate court attached to the High Court Nakuru, not Nairobi. Therefore, the Nairobi High Court lacked jurisdiction to order the transfer. The application was...
Source-derived case information.
- Citation
- [2005] KEHC 3278 (KLR)
- Parties
- Respondent: Milling Corporation of (K) Ltd; Applicant: Munywoki Kimulu t/a John Bosco
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 575 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Transfer Suit
- Outcome
- application dismissed with costs to the plaintiff
- Judges
- JL Osiemo
- Legal Topics
- Transfer of Suits, Jurisdiction of Subordinate Courts, Powers of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Milling Corporation of (K) Ltd
Respondent
Munywoki Kimulu t/a John Bosco
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Application to Transfer Suit
Legal Issues
- 1 Whether the High Court at Nairobi has jurisdiction to transfer a suit filed in the Chief Magistrate's Court Nakuru to Nairobi.
- 2 Whether the grounds advanced by the defendant/applicant justify the transfer of the suit.
Ratio Decidendi
The High Court at Nairobi declined to transfer the suit from the Chief Magistrate's Court Nakuru to Nairobi, holding that the suit was filed in a subordinate court attached to the High Court Nakuru, not Nairobi. Therefore, the Nairobi High Court lacked jurisdiction to order the transfer. The application was dismissed with costs to the plaintiff.
Court Disposition
application dismissed with costs to the plaintiff
Orders
- The defendant's application to transfer Nakuru CMCC No. 505 of 2005 to Nairobi is dismissed with costs to the plaintiff.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
MISC CIV APPLI 575 OF 2005
MILLING CORPORATION OF (K) LTD……………PLAINTIFF/RESPONDENT
VERSUS
MUNYWOKI KIMULU T/AJOHN BOSCO….…..….DEFENDANT/APPLICANT
RULING
The defendant by way of this Notice of Motion seeks Orders that NAKURU CMCC NO. 505 OF 2005 be transferred to Chief Magistrate’s Court in Nairobi for hearing and final disposal. The application is expressed to be brought under Sections 18 and 3A of the Civil Procedure Act and is premised on the ground that the defendant resides in Nairobi, the cause of action arose in Nairobi and that all the witness reside in Nairobi.
The application is opposed by the plaintiff on the ground that the cause of action arose in Nakuru.
Section 18 of the Civil Procedure Act give the High Court power to transfer cases instituted in subordinate courts. It provides “18 (1)”. The High court may at any stage:
(b) Withdraw any suit or other proceeding pending in any court subordinate to it and thereafter
(i) ……………………………………….
(ii) Transfer the same for trial or disposal to any court subordinate to it and competent to try or dispose of the same.
The suit intended to be transferred was filed in the Chief Magistrates’ Court Nakuru which is subordinate to the High Court Nakuru and not in Nairobi or any other High court for that matter. The defendants’ application is therefore dismissed with costs to the plaintiff.
Delivered and dated at Nairobi this 14th day of July 2005.
J.L.A. OSIEMO
JUDGE