[2023] KEHC 21743 (KLR)
The court found that the applications for transfer were merited because the subject matter of the suits is based in Kiambu County. Section 11 of the Civil Procedure Act requires that suits be instituted in the court of the lowest grade competent to try them, and the High Court retains the power to direct the...
Source-derived case information.
- Citation
- [2023] KEHC 21743 (KLR)
- Parties
- Applicant: Prasun Construction Co. Limited; Respondent: Texplast Industries
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application E341 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit
- Outcome
- applications allowed
- Judges
- AN Ongeri
- Legal Topics
- Transfer of Suit, Jurisdiction of Courts, Venue of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Prasun Construction Co. Limited
Applicant
Texplast Industries
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the High Court should transfer Nairobi CMCC No. E8673 and E8674 of 2021 from Milimani Chief Magistrate's Court to Kiambu Chief Magistrate's Court for determination.
- 2 Whether the court has jurisdiction to entertain the application for transfer.
Ratio Decidendi
The court found that the applications for transfer were merited because the subject matter of the suits is based in Kiambu County. Section 11 of the Civil Procedure Act requires that suits be instituted in the court of the lowest grade competent to try them, and the High Court retains the power to direct the distribution of business among subordinate courts. The respondent's preliminary objection did not provide a valid basis for opposing the transfer, as it was not clear which court was alleged to lack jurisdiction. Accordingly, the court allowed the applications and ordered the transfer of the cases to the Kiambu Chief Magistrate's Court.
Court Disposition
applications allowed
Orders
- Milimani CMCC Cases No. E8673 and E8674 of 2021 are transferred to Kiambu Chief Magistrate’s Court for disposal.
- Each party to bear its own costs of the applications.
Full Case Text
Judgment text and source record
23 paragraphs
Prasun Construction Co. Limited v Texplast Industries (Civil Miscellaneous Application E341 of 2022) [2023] KEHC 21743 (KLR) (Civ) (24 August 2023) (Ruling)
Neutral citation: [2023] KEHC 21743 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Miscellaneous Application E341 of 2022
AN Ongeri, J
August 24, 2023
Between
Prasun Construction Co. Limited
Applicant
and
Texplast Industries
Respondent
Ruling
1. The applicant herein Prasun Construciton Co. Ltd filed two applications both dated 10/6/2022 in Misc. case no. E341 and no. E342 of 2022 respectively seeking transfer of Nairobi CMCC No. E8673 and E8674 of 2021 from Chief Magistrate’s court at Milimani in Nairobi to Kiambu Chief Magistrates court for determination.
2. The two applications which are similar are based on the ground that the subject matter of this suit is based at Kiambu county.
3. The respondent filed a preliminary objection dated 11/6/2020 on the ground that the court does not have jurisdiction to handle the matter as the suit property and the defendants are based at Magana Kikuyu sub county within Kiambu county.
4. It is not clear what court lacks jurisdiction. If the defendant is saying the Nairobi Chief Magistrate lacks jurisdiction then he has no basis for opposing the application for transfer of the matters.
5. It is trite law that a suit ought to be filed in the court within the lowest jurisdiction to handle the case. Section 11 of the Civil Procedure Act Provides that;Court in which suit to be institutedEvery suit shall be instituted in the court of the lowest grade competent to try it, except that where there are more subordinate courts than one with jurisdiction in the same county competent to try it, a suit may, if the party instituting the suit or his advocate certifies that he believes that a point of law is involved or that any other good and sufficient reason exists, be instituted in any one of such subordinate courts:Provided that—i.if a suit is instituted in a court other than a court of the lowest grade competent to try it, the magistrate holding such court shall return the plaint for presentation in the court of the lowest grade competent to try it if in his opinion there is no point of law involved or no other good and sufficient reason for instituting the suit in his court; andii.nothing in this section shall limit or affect the power of the High Court to direct the distribution of business where there is more than one subordinate court in the same county.
6. I allow the applications dated 10/6/2022 and I direct that Milimani CMCC Cases no. E8673 and E8674 of 2021 be and are hereby transferred to Kiambu Chief Magistrate’s court for disposal.
7. Each party to bear its own costs of the applications.
DATED, SIGNED AND DELIVERED ONLINE VIA MICROSOFT TEAMS AT NAIROBI THIS 24TH DAY OF AUGUST, 2023. ………….…………….A. ONGERIJUDGEIn the presence of:……………………………. for the Applicant……………………………. for the Respondent