[2020] KEHC 2988 (KLR)
The High Court found that the counterclaim in the Amended Defence exceeded Ksh.38,571,119.72, which is beyond the pecuniary jurisdiction of the Chief Magistrate's Court as set by statute. Since the Respondent did not oppose the application and the affidavit of service confirmed proper service, the court determined...
Source-derived case information.
- Citation
- [2020] KEHC 2988 (KLR)
- Parties
- Applicant: Orthodox Archbishopric of Kenya & Irinoupolis; Respondent: Energy Regulatory Commission
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Children Miscellaneous Application 188 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit and Validation of Amended Defence and Counterclaim
- Outcome
- application allowed
- Judges
- BT Jaden
- Legal Topics
- Transfer of Suit, Pecuniary Jurisdiction, Counterclaim, Amended Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Orthodox Archbishopric of Kenya & Irinoupolis
Applicant
Energy Regulatory Commission
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit and Validation of Amended Defence and Counterclaim
Legal Issues
- 1 Whether the suit should be transferred from the Chief Magistrate's Court to the High Court due to pecuniary jurisdiction.
- 2 Whether the Amended Defence and Counterclaim should be deemed as duly filed and served.
Ratio Decidendi
The High Court found that the counterclaim in the Amended Defence exceeded Ksh.38,571,119.72, which is beyond the pecuniary jurisdiction of the Chief Magistrate's Court as set by statute. Since the Respondent did not oppose the application and the affidavit of service confirmed proper service, the court determined that it was appropriate to transfer the suit to the High Court for trial and determination. The court also deemed the Amended Defence and Counterclaim as duly filed and served, as prayed by the applicant. Costs were ordered to be in the cause.
Court Disposition
application allowed
Orders
- The suit Nairobi CMCC 4768 of 2017 Energy Regulatory Commission v Orthodox Archbishopric of Kenya and Irinoupolis is transferred from the Chief Magistrate's Court to the High Court for trial and determination.
- The Amended Defence and Counterclaim are deemed as duly filed and served.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CIVIL DIVISION
HIGH COURT CIVIL MISC APPL. NO. 188 OF 2020
ORTHODOX ARCHBISHOPRIC OF KENYA & IRINOUPLIS.......APPLICANT
VERSUS
ENERGY REGULATORY COMMISSION.....................................RESPONDENT
RULING
1. The application dated 11th June, 2020 seeks the following orders:
1. Spent
2. That the suit filed by the Respondent against the Applicant being Nairobi CMCC 4768 of 2017 Energy Regulatory Commission v Orthodox Archbishopric of Kenya and Irinoupolis in the Chief Magistrates Court be transferred therefrom to this court for trial and determination.
3. That the Amended Defence and Counterclaim be deemed as duly filed and served.
4. That the costs of this suit be provided for.
2. The application is based on the grounds that following a successful application for leave to amend the Plaint, the suit has now exceeded the pecuniary jurisdiction of the Chief Magistrate’s Court.
3. The application is unopposed. The Respondent did not file any response although duly served as per the affidavit of service herein sworn on 3rd July, 2020.
4. I have considered the application. The affidavit in support and the Amended Defence and counterclaim exhibited herein reflect that the counterclaim is in excess of Ksh.38,571,119. 72. The claim is beyond the pecuniary jurisdiction of the Chief Magistrate’s Court. Consequently, the application is allowed as prayed with costs in cause.
Dated, signed and delivered in Nairobi this 24th day of Sept., 2020
B. THURANIRA JADEN
JUDGE