[2017] KEHC 2681 (KLR)
The court found that the dispute between the parties could not be resolved by way of affidavits as required for summary judgment applications. The issues raised necessitated calling of evidence and a full hearing. Furthermore, the court noted that the pecuniary value of the claim was less than six million Kenya...
Source-derived case information.
- Citation
- [2017] KEHC 2681 (KLR)
- Parties
- Plaintiff: Peho Agencies Ltd; Defendant: County Government of Busia
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 3 of 2016
- Procedural Posture
- Civil Suit / Ruling on Notice of Motion for Summary Judgment and Transfer
- Outcome
- Application dismissed with costs; suit transferred to Chief Magistrate's Court.
- Judges
- KW Kiarie
- Legal Topics
- Summary Judgment, Transfer of Suit, Pecuniary Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peho Agencies Ltd
Plaintiff
County Government of Busia
Defendant
Procedural Posture
Civil Suit / Ruling on Notice of Motion for Summary Judgment and Transfer
Legal Issues
- 1 Whether the matter is suitable for determination by way of affidavits under summary judgment procedure.
- 2 Whether the High Court has jurisdiction to hear the suit given the pecuniary value of the claim.
- 3 Whether the suit should be transferred to the Chief Magistrate's Court.
Ratio Decidendi
The court found that the dispute between the parties could not be resolved by way of affidavits as required for summary judgment applications. The issues raised necessitated calling of evidence and a full hearing. Furthermore, the court noted that the pecuniary value of the claim was less than six million Kenya shillings, which is within the jurisdiction of the Chief Magistrate's Court. Therefore, the High Court lacked jurisdiction to hear the matter at first instance, and the suit should be transferred to the appropriate court for hearing and determination.
Court Disposition
Application dismissed with costs; suit transferred to Chief Magistrate's Court.
Orders
- The application for summary judgment is dismissed with costs to the defendant.
- The suit is transferred to Busia Chief Magistrate’s Court for hearing and determination.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
CIVIL SUIT NO. 3 OF 2016
PEHO AGENCIES LTD………………….…………………….PLAINTIFF
VERSUS
COUNTY GOVERNMENT OF BUSIA. ……..……………… DEFENDANT
RULING
The applicant's application is brought by way of notice of motion dated 26th January 2017 under Order36 Rules 1(a), 2 and 3, Order 51 Rule 1 of the Civil Procedure Civil Procedure Rules and all enabling provisions of the law. The applicant is seeking orders as follows:-
1. That judgment be entered for the plaintiff against the defendant in terms of the prayers in the plaint.
2. That the costs be provided for.
The application was opposed on grounds that it is an abuse of the process of the law.
I have perused the affidavits for the application and that by the respondent. I do agree that this is not a dispute that can be determined by way of affidavits. Parties need to call evidence in support of their respective positions.
The application must fail with costs.
A suit is required to be filed in the lowest court with jurisdiction. The claim herein is less than six million Kenya shillings. The Chief Magistrate’s court has a pecuniary jurisdiction of up to 20 million Kenya shillings. Am therefore making an order for this matter to be transferred to Busia Chief Magistrate’s Court for hearing and determination.
DELIVEREDandSIGNEDatBUSIA this 18thdayof October, 2017
KIARIE WAWERU KIARIE
JUDGE