[2013] KEHC 6770 (KLR)
The court found that the cause of action arose at Emali area, which is within the jurisdiction of the Principal Magistrate’s Court, Makindu. The defence did not deny this fact. The court emphasized that justice is best served when accessible to the parties and that the applicant properly invoked the court’s power...
Source-derived case information.
- Citation
- [2013] KEHC 6770 (KLR)
- Parties
- Applicant: Nelson Matimu Kibui; Respondent: Gulf International Co. Ltd; Respondent: Buscar (K) Ltd
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous 3 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Transfer Suit
- Outcome
- Application allowed.
- Judges
- LN Mutende
- Legal Topics
- Transfer of Suit, Jurisdiction of Courts, Venue of Action
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nelson Matimu Kibui
Applicant
Gulf International Co. Ltd
Respondent
Buscar (K) Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Transfer Suit
Legal Issues
- 1 Whether Civil Suit No. 571 of 2009 should be transferred from the Chief Magistrate’s Court, Machakos to the Principal Magistrate’s Court, Makindu for hearing and determination.
- 2 Whether the cause of action arose within the jurisdiction of the Principal Magistrate’s Court, Makindu.
Ratio Decidendi
The court found that the cause of action arose at Emali area, which is within the jurisdiction of the Principal Magistrate’s Court, Makindu. The defence did not deny this fact. The court emphasized that justice is best served when accessible to the parties and that the applicant properly invoked the court’s power under Section 18 of the Civil Procedure Act. Consequently, the application to transfer the suit was allowed as prayed.
Court Disposition
Application allowed.
Orders
- Civil Suit No. 571 of 2009 is transferred from the Chief Magistrate’s Court, Machakos to the Principal Magistrate’s Court, Makindu for hearing and determination.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
21 paragraphs
No. 119/2013
IN THE REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CIVIL MISCELLANEOUS NO. 3 OF 2013
NELSON MATIMU KIBUI………………………….. APPLICANT
VERSUS
GULF INTERNATIONAL CO.LTD……...........1ST RESPONDENT
BUSCAR (K) LTD……………………………..2ND RESPONDEBT
RULING
The application dated 4th September, 2012 is brought pursuant to the provisions of Section 15 and 18(1) of the Civil Procedure Act and Order 51 Rule 1 of the Civil Procedure Rules.
It seeks orders transferring Civil Suit No. 571 of 2009 from the Chief Magistrate’s Court, Machakos to the Principal Magistrate’s Court, Makindu for hearing and determination.
The application is premised on grounds that the cause of action arose at Emali area along Nairobi – Mombasa road which is within the jurisdiction of the Principal Magistrate’s Court, Makindu; at the time of instituting the suit the applicant reasonably believed that the cause of action therein arose within the jurisdiction of the Chief Magistrate’s Court, Machakos.
The application is unopposed.
A suit may be instituted where the defendant resides or where the cause of action arose (see Section 15 of the Civil Procedure Act).
It has been pleaded that the cause of action arose at Emali area. I have perused annexture “MW3” to the affidavit in support of the application which is a copy of the defence filed in the matter. It is not denied that the cause of action arose at Emali area which is within the jurisdiction of Makindu Principal Magistrate’s Court. Justice can only be seen to be done if it is accessible to parties litigating.
The applicant having moved this court to exercise powers bestowed on it by Section 18 of the Civil Procedure Act, I do allow the application as prayed.
Costs shall be in the cause.
It is so ordered.
DATED, SIGNED and DELIVEREDat MACHAKOS this 29THday of OCTOBER, 2013.
L.N. MUTENDE
JUDGE