[2010] KEHC 3640 (KLR)
The court found that, based on the nature of the injuries described and without making a definitive finding, there was a high likelihood that the general damages to be awarded could exceed the pecuniary jurisdiction of the Chief Magistrate’s Court. Exercising its discretion under section 18 of the Civil Procedure...
Source-derived case information.
- Citation
- [2010] KEHC 3640 (KLR)
- Parties
- Applicant: Rachel Isanda; Respondent: Jane C. Cheruiyot; Respondent: Paul Kipkemboi Arap Bii
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 36 of 2009
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit
- Outcome
- application allowed
- Judges
- SP Ouko
- Legal Topics
- Transfer of Suit, Pecuniary Jurisdiction, Court Discretion
- 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
Rachel Isanda
Applicant
Jane C. Cheruiyot
Respondent
Paul Kipkemboi Arap Bii
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the suit should be transferred from the Chief Magistrate's Court to the High Court due to likely damages exceeding the lower court's pecuniary jurisdiction.
Ratio Decidendi
The court found that, based on the nature of the injuries described and without making a definitive finding, there was a high likelihood that the general damages to be awarded could exceed the pecuniary jurisdiction of the Chief Magistrate’s Court. Exercising its discretion under section 18 of the Civil Procedure Act, the court ordered the transfer of Nakuru CMCC No. 1355 of 2005 to the High Court at Nakuru for hearing and final determination.
Court Disposition
application allowed
Orders
- Nakuru CMCC No. 1355 of 2005 is transferred to the High Court at Nakuru for hearing and final determination.
- No order as to costs.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU
Miscellaneous Civil Application 36 of 2009
RACHEL ISANDA…………..……………………...APPLICANT
VERSUS
JANE C. CHERUIYOT……….......……….1ST RESPONDENT
PAUL KIPKEMBOI ARAP BII..…….…….2ND RESPONDENT
RULING
The instant application seeks the transfer of Nakuru CMCC No.1355 of 2005 from the lower court to this court for hearing and final determination. It was argued exparte after the respondents failed to respond to it or present themselves on the date it was canvassed despite service of hearing notice.
The application is founded on the grounds that on the basis of the injuries sustained by the applicant, the general damages likely to be awarded will be beyond the pecuniary jurisdiction of the Chief Magistrate’s court.
I have considered the foregoing. Without making any definite finding on the injuries described in this matter, there is high likelihood that general damages, when assessed may be beyond the pecuniary jurisdiction of the subordinate court.
In the exercise of my discretion under section 18 of the Civil Procedure Act, it is ordered that Nakuru CMCC No. 1355 of 2005 be and is hereby transferred to the High Court at Nakuru for hearing and final determination.
I make no orders as to costs.
Dated, Signed and Delivered at Nakuru this 29th day of January, 2010.
W. OUKO
JUDGE