[2025] KEHC 4641 (KLR)
The court held that it is a procedural requirement to determine all interlocutory applications before proceeding to hear the substantive suit. Since the 1st defendant's application to transfer the suit to the Chief Magistrate's Court had not yet been heard and determined, the court found it necessary to first...
Source-derived case information.
- Citation
- [2025] KEHC 4641 (KLR)
- Parties
- Plaintiff: Titus T. Ndaka; Defendant: Kenya Orient Insurance Ltd; Defendant: Madison Insurance Company Ltd; Interested Party: Dennis Mutinda Mutambu
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Civil Case E004 of 2024
- Procedural Posture
- Civil Case / Ruling on Interlocutory Application
- Outcome
- Application for transfer to be heard and determined before the main suit proceeds.
- Judges
- LW Gitari
- Legal Topics
- Transfer of Suit, Jurisdiction of Courts, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Titus T. Ndaka
Plaintiff
Kenya Orient Insurance Ltd
Defendant
Madison Insurance Company Ltd
Defendant
Dennis Mutinda Mutambu
Interested Party
Procedural Posture
Civil Case / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the High Court should transfer the suit to the Chief Magistrate's Court for want of jurisdiction.
- 2 Whether interlocutory applications must be determined before the substantive suit is heard.
Ratio Decidendi
The court held that it is a procedural requirement to determine all interlocutory applications before proceeding to hear the substantive suit. Since the 1st defendant's application to transfer the suit to the Chief Magistrate's Court had not yet been heard and determined, the court found it necessary to first dispose of that application before considering the merits of the main suit. The court therefore directed that the application for transfer be heard and determined as a priority.
Court Disposition
Application for transfer to be heard and determined before the main suit proceeds.
Orders
- The Notice of Motion dated 14/3/2025 seeking transfer of the suit to the Chief Magistrate's Court shall be heard and determined before the substantive suit is heard.
Full Case Text
Judgment text and source record
26 paragraphs
Ndaka v Kenya Orient Insurance Ltd & another; Mutambu (Interested Party) (Civil Case E004 of 2024) [2025] KEHC 4641 (KLR) (17 March 2025) (Ruling)
Neutral citation: [2025] KEHC 4641 (KLR)
Republic of Kenya
In the High Court at Kitui
Civil Case E004 of 2024
LW Gitari, J
March 17, 2025
Between
Titus T. Ndaka
Plaintiff
and
Kenya Orient Insurance Ltd
1st Defendant
Madison Insurance Company Ltd
2nd Defendant
and
Dennis Mutinda Mutambu
Interested Party
Ruling
1. The plaintiff vide a plaint dated 25/04/2024 seeks the following orders:a.A declaration that the defendant herein is liable to settle the entire decretal sum in Kitui Chief Magistrate Civil Case No. E149/2021.
2. The suit is premised under Section 10 of the Insurance (Motor Vehicle 3rd Party Risks (Cap 405 Laws of Kenya). The suit was coming up for hearing today. The parties took the date on 28/10/2024 and hearing was scheduled for 5/2/2025 when it did not proceed as the counsel for the defendant was unwell.
3. The matter was listed for hearing today by consent of all the parties. However, the counsel for the 1st defendant submitted that he had filed an application to transfer the matter to the lower court as it has jurisdiction.
4. The counsel for the plaintiff submits that the suit may be filed in this court or in the lower court. The 2nd defendant did not oppose the application.
5. I have perused the record and also have considered the issues raised by the parties. I note that the 1st defendant filed the Notice of Motion dated 14/3/2025 seeking to transfer this suit to the Chief magistrate’s Court. This application has not been heard and determined. It is a rule of procedure that all interlocutory and substantive applications should be disposed off before the substantive suit is heard on merits.
6. It is therefore my view that the application should be heard and determined before the substantive suit can be heard and determined. The application should therefore be heard first.
DATED, SIGNED AND DELIVERED AT KITUI THIS 17TH DAY OF MARCH 2025HON. LADY JUSTICE L. GITARIJUDGE