[2015] KEHC 3357 (KLR)
The court found that the application for transfer of the suit was unopposed, as the respondent failed to file a replying affidavit within the time allowed. The applicant demonstrated that the Tigania Law Courts are significantly closer to the suit land and to his residence, and that he is of advanced age and lacks...
Source-derived case information.
- Citation
- [2015] KEHC 3357 (KLR)
- Parties
- Applicant: M’Mwithia M’Igweta; Respondent: Silas M. Mwithia
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 43 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Transfer of Suit, Venue of Trial, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M’Mwithia M’Igweta
Applicant
Silas M. Mwithia
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the Maua Chief Magistrate’s Court Civil Suit No.174 of 2014 should be transferred from Maua Law Courts to Tigania Law Courts for hearing and determination.
- 2 Whether the applicant will suffer prejudice if the suit remains at Maua Law Courts.
- 3 Whether the application is unopposed and should be allowed as such.
Ratio Decidendi
The court found that the application for transfer of the suit was unopposed, as the respondent failed to file a replying affidavit within the time allowed. The applicant demonstrated that the Tigania Law Courts are significantly closer to the suit land and to his residence, and that he is of advanced age and lacks resources to travel the longer distance to Maua Law Courts. The court determined that no prejudice would be occasioned to either party by the transfer and that it was just and fair to grant the application. Accordingly, the application was allowed and the suit ordered transferred as requested.
Court Disposition
application allowed
Orders
- The Maua Chief Magistrate’s Court Civil Suit No.174 of 2014 is transferred from Maua Law Courts to Tigania Law Courts for hearing and determination.
- Costs of the application shall be in the cause.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISCELLANEOUS CIVIL APPLICATION NO. 43 OF 2015
M’MWITHIA M’IGWETA.................................................APPLICANT
VERSUS
SILAS M.MWITHIA.......................................................RESPONDENT
R U L I N G
This application is date 25/06/2015 and seeks Orders:-
THATthis Honourable Court be pleased to certify this application as urgent and the same be heard exparte on the first instance.
THATthis Honourable Court be pleased to issue orders for the transfer (sic) Maua Chief Magistrate’s Court Civil Suit No.174 of 2014 from Maua Law Courts to Tigania Law Courts for hearing and determination.
THATthe costs of this application be in the cause.
It is supported by the affidavit of the applicant and has the following grounds:-
THATthe suit was instituted vide a plaint filed on the 25th day of August, 2014.
THATthe Notice of Preliminary Objection was later filed on the 2nd September, 2014.
THATthe suit can be heard and determined at Tigania Law Courts which is about 4 Kilometres from the suit land.
THATno prejudice will be occasioned to either of the parties herein if this application is allowed.
THATthe applicant is over 93 years old and has no resources to attend the hearing at Maua Law Courts with his witnesses which is about 40 Kilometres from his home.
THATit is only just and fair that this application be allowed.
On 06/07/2015, the Respondent was allowed 14 days to file a Replying Affidavit. He has not done so. Mr. Muthomi for the applicant has urged this Court to allow the application since it is not opposed.
I allow the application.
Costs shall be in the cause.
It is so ordered.
Delivered in Open Court at Meru this 21st day of July, 2015 in the presence of:-
Cc.: Daniel
Muthomi for the Applicant.
P.M. NJOROGE
JUDGE