[2024] KEHC 14550 (KLR)
The court found that the application for transfer of suit was unopposed, as the respondents failed to file any response despite being duly served. Considering the nature of the orders sought and the issue of territorial jurisdiction, the court was satisfied that the transfer was warranted. The court exercised its...
Source-derived case information.
- Citation
- [2024] KEHC 14550 (KLR)
- Parties
- Plaintiff: Faith Muthoni Njeru; Plaintiff: Derrick Kamamia Wamuyu (Suing on Behalf of the Estate of Patrick Kiragu Njeru - Deceased); Defendant: Joseph Ng’ang’a Boro; Defendant: Britam General Insurance Company Kenya Ltd
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E158 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application for Transfer of Suit
- Outcome
- application allowed as unopposed
- Judges
- DO Chepkwony
- Legal Topics
- Transfer of Suit, Territorial Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Faith Muthoni Njeru
Plaintiff
Derrick Kamamia Wamuyu (Suing on Behalf of the Estate of Patrick Kiragu Njeru - Deceased)
Plaintiff
Joseph Ng’ang’a Boro
Defendant
Britam General Insurance Company Kenya Ltd
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application for Transfer of Suit
Legal Issues
- 1 Whether the suit should be transferred from Kiambu Chief Magistrate's Court to Ruiru Chief Magistrate's Court due to territorial jurisdiction.
Ratio Decidendi
The court found that the application for transfer of suit was unopposed, as the respondents failed to file any response despite being duly served. Considering the nature of the orders sought and the issue of territorial jurisdiction, the court was satisfied that the transfer was warranted. The court exercised its discretion to allow the application as presented, ordering the transfer of Kiambu Chief Magistrate’s Civil Case No.E222 of 2024 to the Chief Magistrate’s Court in Ruiru for hearing and determination.
Court Disposition
application allowed as unopposed
Orders
- Kiambu Chief Magistrate’s Civil Case No.E222 of 2024 is transferred to the Chief Magistrate’s Court in Ruiru for hearing and determination due to territorial jurisdiction.
Full Case Text
Judgment text and source record
22 paragraphs
Njeru & another v Boro & another (Miscellaneous Application E158 of 2024) [2024] KEHC 14550 (KLR) (14 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14550 (KLR)
Republic of Kenya
In the High Court at Kiambu
Miscellaneous Application E158 of 2024
DO Chepkwony, J
November 14, 2024
Between
Faith Muthoni Njeru
1st Plaintiff
Derrick Kamamia Wamuyu (Suing on Behalf of the Estate of Patrick Kiragu Njeru - Deceased)
2nd Plaintiff
and
Joseph Ng’ang’a Boro
1st Defendant
Britam General Insurance Company Kenya Ltd
2nd Defendant
Ruling
1. This matter is for mention for parties to take directions on hearing date, for the Notice of Motion application dated 25th July, 2024. The matter was scheduled for hearing on 1st October, 2024. However, the court did not sit due to having been engaged in official duties.
2. I have read through the application and even though the same is being mentioned today for directions, I have considered the nature of orders sought and the fact that the same has not been responded to despite service upon the Respondents of service dated 18th September, 2024 and 20th September, 2024 respectively.
3. In the circumstances, I find the application is unopposed and proceed to allow the same in the following terms as presented:-a.Kiambu Chief Magistrate’s Civil Case No.E222 of 2024 be and is hereby transferred to the Chief Magistrate’s Court in Ruiru for hearing and determination due to territorial jurisdiction.It is so ordered.
RULING DELIVERED, DATED AND SIGNED AT KIAMBU THIS 14H DAY OF NOVEMBER, 2024. D. O. CHEPKWONYJUDGEIn the presence of:M/S Sharon Makorwa counsel for PlaintiffCourt Assistant - Martin