[2005] KEHC 863 (KLR)
The court held that the Senior Resident Magistrate at Kangundo lacked the jurisdiction to transfer the suit to another subordinate court, as such authority is conferred solely upon the High Court by Sections 17 and 18 of the Civil Procedure Act. Consequently, the purported transfer was declared null and void, and...
Source-derived case information.
- Citation
- [2005] KEHC 863 (KLR)
- Parties
- Plaintiff: Philip Munyaka; Defendant: The Chairman, Parents Teachers Association, Nguluni Town Primary School
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- ? 2 of 2005
- Procedural Posture
- Revision / Ruling on Transfer of Suit Between Subordinate Courts
- Outcome
- Suit transferred by High Court to Chief Magistrate’s Court at Machakos; purported earlier transfer by magistrate declared null and void.
- Legal Topics
- Transfer of Suits, Jurisdiction of Subordinate Courts, Powers of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philip Munyaka
Plaintiff
The Chairman, Parents Teachers Association, Nguluni Town Primary School
Defendant
Procedural Posture
Revision / Ruling on Transfer of Suit Between Subordinate Courts
Legal Issues
- 1 Whether a Senior Resident Magistrate has the power to transfer a civil suit from one subordinate court to another.
- 2 Whether the purported transfer of Kangundo SRMCC No. 6 of 2004 to the Chief Magistrate’s Court at Machakos was valid.
Ratio Decidendi
The court held that the Senior Resident Magistrate at Kangundo lacked the jurisdiction to transfer the suit to another subordinate court, as such authority is conferred solely upon the High Court by Sections 17 and 18 of the Civil Procedure Act. Consequently, the purported transfer was declared null and void, and the suit remained at Kangundo SRMCC No. 6 of 2004. However, recognizing that there may have been valid reasons for seeking the transfer, the High Court exercised its statutory power to transfer the suit to the Chief Magistrate’s Court at Machakos for registration, hearing, and determination. The court directed that the suit be mentioned before the Machakos Chief Magistrate for...
Court Disposition
Suit transferred by High Court to Chief Magistrate’s Court at Machakos; purported earlier transfer by magistrate declared null and void.
Orders
- The purported transfer of Kangundo SRMCC No. 6 of 2004 by the Senior Resident Magistrate is declared null and void.
- The suit is transferred to the Chief Magistrate’s Court at Machakos for registration, hearing, and determination.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS Revision Case 2 of 2005
IN THE MATTER OF KANGUNDO SRMCC NO. 6 OF 2004
PHILIP MUNYAKA ………………………………...………………….. PLAINTIFF VERSUS THE CHAIRMAN, PARENTS TEACHERS ASSOCIATION, NGULUNI TOWN PRIMARY SCHOOL …………………………………………….….. DEFENDANT
R U L I N G
The Senior Resident Magistrate, Kangundo Law Courts on 9/9/05 purported to transfer the Kangundo Court’s Civil Suit No. 6 of 2004 to the Chief Magistrate’s Court at Machakos without appreciating that he has no powers to do so. The case has for that reason been brought to my attention.
It is my view that it is only the High Court which has power to transfer a case from one subordinate court to another under Section 17 and 18 of the Civil Procedure Act, Cap 21 of the Laws of Kenya. I accordingly rule that the purported transfer of the said suit to this court is null and void. This means that the suit was not transferred and still remains the Kangundo SRMCC No. 6 of 2004.
Noting however that the said magistrate may have good reason for wanting the case to be transferred elsewhere, I now hereby transfer the said suit to Chief Magistrate’s Court at Machakos for the purpose of registering the same, hearing it and finally determining the same as circumstances will allow. The suit will be mentioned before the Machakos Chief Magistrate on a day for civil suits for further directions. It is so ordered.
Dated and delivered at Machakos on the 10th day of November 2005.
D.A. ONYANCHA
JUDGE