[2006] KEHC 466 (KLR)
The High Court held that while the subordinate court was correct in disqualifying itself from hearing the civil case due to a prior related criminal matter, the proper procedure is not for the subordinate court to transfer the case directly. Instead, the parties should initiate appropriate transfer proceedings or...
Source-derived case information.
- Citation
- [2006] KEHC 466 (KLR)
- Parties
- Applicant: Rael Mbula Wambua; Respondent: Mariana Katua Ngundo
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Revision Case 209 of 2006
- Procedural Posture
- Revision / Ruling on Application for Transfer of Suit
- Outcome
- Application for transfer allowed.
- Judges
- DA Onyancha
- Legal Topics
- Transfer of Suit, Jurisdiction of Subordinate Courts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rael Mbula Wambua
Applicant
Mariana Katua Ngundo
Respondent
Procedural Posture
Revision / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the subordinate court properly disqualified itself from hearing the civil case.
- 2 Whether the transfer of the civil case to the Chief Magistrate's Court at Machakos is the correct procedure.
Ratio Decidendi
The High Court held that while the subordinate court was correct in disqualifying itself from hearing the civil case due to a prior related criminal matter, the proper procedure is not for the subordinate court to transfer the case directly. Instead, the parties should initiate appropriate transfer proceedings or the court should notify the Deputy Registrar. Nevertheless, in the interests of justice and to avoid delay, the High Court ordered the transfer of Makueni Resident Magistrate Civil Case No. 93 of 2004 to the Machakos Chief Magistrate’s Court for hearing and final determination.
Court Disposition
Application for transfer allowed.
Orders
- Makueni Resident Magistrate Civil Case No. 93 of 2004 is transferred to Machakos Chief Magistrate’s Court for hearing and final determination.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
Revision Case 209 of 2006
RAEL MBULA WAMBUA ………………………. APPLICANT
VERSUS
MARIANA KATUA NGUNDO ……..……….. RESPONDENT
R U L I N G
The facts confirm that the civil suit No. 93 of 2004 arose from a Makueni Resident magistrate Criminal Case No. 719 of 2003 in which the same court presided over the case. The court accordingly rightly disqualified itself.
I have considered the matter and agree that this court should transfer the case. I wish however to point out that the practice of subordinate courts transferring such and other cases to the Chief Magistrate’s Court at Machakos is not proper. All the court needs to do is to disqualify itself and leave the parties to file proper and relevant proceedings for transfer in civil cases or merely draw the attention of their disqualification to Deputy Registrar of this court to seek remedial action.
Order:
The Makueni Resident Magistrate Civil Case No. 93 of 2004 is hereby transferred to Machakos Chief Magistrate’s Court for hearing and final determination.
Dated at Machakos this 20th day of October, 2006.
D.A. ONYANCHA
JUDGE