[2008] KEHC 3120 (KLR)
The court found that the suit, being a claim for compensation for injuries from a road traffic accident, falls within the enhanced pecuniary jurisdiction of the Chief Magistrate’s Court. The defendant did not oppose the application, and there was no evidence that the transfer would prejudice the defendant. The court...
Source-derived case information.
- Citation
- [2008] KEHC 3120 (KLR)
- Parties
- Plaintiff: Peter Ndiku Nzuki; Defendant: Samuel Mwangi Wachira
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 1290 of 2002
- Procedural Posture
- Civil Case / Ruling on Application to Transfer Suit
- Outcome
- Plaintiff's application to transfer suit allowed.
- Judges
- JL Osiemo
- Legal Topics
- Transfer of Suits, Court Jurisdiction, Personal Injury Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Ndiku Nzuki
Plaintiff
Samuel Mwangi Wachira
Defendant
Procedural Posture
Civil Case / Ruling on Application to Transfer Suit
Legal Issues
- 1 Whether the suit should be transferred to the Chief Magistrate’s Court at Nairobi Milimani Commercial Court for trial and disposal.
- 2 Whether the Chief Magistrate’s Court has jurisdiction to hear and determine the matter.
Ratio Decidendi
The court found that the suit, being a claim for compensation for injuries from a road traffic accident, falls within the enhanced pecuniary jurisdiction of the Chief Magistrate’s Court. The defendant did not oppose the application, and there was no evidence that the transfer would prejudice the defendant. The court exercised its discretion under Section 18 of the Civil Procedure Act to allow the transfer, holding that it would facilitate the quick disposal of the suit and serve the interests of justice.
Court Disposition
Plaintiff's application to transfer suit allowed.
Orders
- The Plaintiff’s Chamber Summons dated 12th September 2007 is allowed as prayed.
- The suit is transferred to the Chief Magistrate’s Court at Nairobi Milimani Commercial Court for trial and disposal.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA
AT NAIROBI
MILIMANI LAW COURTS
Civil Case 1290 of 2002
PETER NDIKU NZUKI………………......………………..PLAINTIFF
VERSUS
SAMUEL MWANGI WACHIRA……………………….DEFENDANT
R U L I N G
This is an application by the plaintiff to transfer the suit to the Chief Magistrate’s Court at Nairobi Milimani Commercial Court for trial and disposal.
The application is expressed to be brought under Section 18 of the Civil Procedure Act. It is made on the grounds that this case is now within the enhanced jurisdiction of the Chief Magistrate’s Court and would be transferred to the Chief Magistrate’s Court at Nairobi Commercial Court for quick disposal.
The application is also supported by an affidavit sworn by Maurice Okoth in which he avers on similar facts as those contained in the grounds.
Mr. Wachira counsel for the applicant submitted that the suit involves compensation for injuries sustained through a road traffic accident and the likely award would be within the enhanced jurisdiction of the Chief Magistrate’s Court and that the transfer shall not occasion any prejudice to the defendant and will facilitate the quick disposal of the suit.
The defendant was served with this application but did not file any papers in opposition to the application.
Having considered the application in light of the grounds and the affidavit in support as well as the submission by Counsel I am satisfied that the order sought ought to be granted.
Accordingly the Plaintiff’s Chamber Summons dated 12th September 2007 is allowed as prayed.
Dated at Nairobi this 29th day of February 2008.
J. L. A. OSIEMO
JUDGE