[2023] KEHC 27397 (KLR)
The High Court at Kiambu lacks territorial jurisdiction to hear and determine the matter because the cause of action arose within the jurisdiction of the Thika courts. With the establishment of the Thika High Court as per Gazette Notice No. 11082, it is proper and necessary to transfer the matter to the Thika High...
Source-derived case information.
- Citation
- [2023] KEHC 27397 (KLR)
- Parties
- Applicant: David Njoroge Munga; Applicant: Anastacia Mueni Nzioka; Respondent: Alma Construction Co. Limited
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E086 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit
- Outcome
- application allowed
- Judges
- DO Chepkwony
- Legal Topics
- Transfer of Suit, Territorial Jurisdiction, Fatal Injury Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Njoroge Munga
Applicant
Anastacia Mueni Nzioka
Applicant
Alma Construction Co. Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the High Court at Kiambu has territorial jurisdiction to hear and determine the matter.
- 2 Whether Kithimani SRMCC No. 436 of 2018 should be transferred to the Chief Magistrate’s Court Thika or Thika High Court for hearing and determination.
Ratio Decidendi
The High Court at Kiambu lacks territorial jurisdiction to hear and determine the matter because the cause of action arose within the jurisdiction of the Thika courts. With the establishment of the Thika High Court as per Gazette Notice No. 11082, it is proper and necessary to transfer the matter to the Thika High Court, which now has the requisite territorial jurisdiction. The absence of opposition from the respondent and the clear statutory framework governing transfer of suits further support the transfer. The court thus orders the transfer of the suit to the Thika High Court for hearing and determination.
Court Disposition
application allowed
Orders
- Kithimani SRMCC No. 436 of 2018 is transferred to the Thika High Court for hearing and determination.
- Costs of the application shall be in the cause.
Full Case Text
Judgment text and source record
24 paragraphs
Munga & another (Both Suing as the Administrators of the Estate of the Late Patrick Muli Njoroge) v Alma Construction Co. Limited (Miscellaneous Application E086 of 2021) [2023] KEHC 27397 (KLR) (30 November 2023) (Ruling)
Neutral citation: [2023] KEHC 27397 (KLR)
Republic of Kenya
In the High Court at Kiambu
Miscellaneous Application E086 of 2021
DO Chepkwony, J
November 30, 2023
Between
David Njoroge Munga
1st Applicant
Anastacia Mueni Nzioka
2nd Applicant
Both Suing as the Administrators of the Estate of the Late Patrick Muli Njoroge
and
Alma Construction Co. Limited
Respondent
Ruling
1. The Applicants have filed Notice of Motion Application dated 15th April, 2021 under section 18 (i) (b) (iii) 1(A), (B) and section 3A of the Civil Procedure Act and under Order 51 of the Civil Procedure Rules 2010.
2. The Applicants seek the following orders:-a.That this Honourable court be pleased to transfer Kithimani SRMCC No. 436 of 2018 from Senior Resident Magistrate’s Court at Kithimani to Chief Magistrate’s Court Thika for hearing and determination.b.That the costs for this application be in the cause.
3. The Application is based on the Supporting Affidavit of David Njoroge Munga sworn on 15th April 2021 and the grounds as set out in the Application which are as follows:a.That Kithimani SRMCC No. 436 of 2018 is a claim for compensation for fatal injury in a road traffic accident.b.That the accident occurred along Thika-Matuu road near Ngoliba area within territorial jurisdiction of Thika Chief Magistrate’s Court.c.That the deceased was a pedal cyclist along Thika-Matuu road which is within the jurisdiction of Thika Chief Magistrate court.
4. The Application was served upon the Respondent who have not filed any document in opposition to the same. The ground which the Application is based on is territorial jurisdiction of the court.
5. It is worth noting that at the time the court issued Directions in the matter, the Thika High Court had not been established. The said court has now been established vide Gazette Notice No. 11082 in the Kenya Gazette issued on 25th August, 2023.
6. Having observed as above, the High Court in Kiambu then and now lacks lacks the territorial jurisdiction to hear and determine this matter. The same is therefore transferred to Thika High Court.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 30TH DAY OF NOVEMBER, 2023. D. O. CHEPKWONYJUDGEIn the presence of:Mr. Kamau counsel for the ApplicantNo appearance for and by RespondentCourt Assistant - Martin