[2007] KEHC 568 (KLR)
The court found that the application for transfer was unopposed and that the applicant had demonstrated sufficient grounds for transfer, including convenience of parties and witnesses, and absence of prejudice to the respondent. The court exercised its discretion under section 18 of the Civil Procedure Act to order...
Source-derived case information.
- Citation
- [2007] KEHC 568 (KLR)
- Parties
- Applicant: Rioki Estate Company (1970) Ltd; Respondent: Paul Kigochi Mwaura
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 46 of 2006
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit
- Outcome
- Application allowed; suit transferred as prayed.
- Legal Topics
- Transfer of Suit, Jurisdiction, Interests of Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rioki Estate Company (1970) Ltd
Applicant
Paul Kigochi Mwaura
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the court should transfer Nairobi CMCC No. 8223 of 2005 from the Chief Magistrate’s Court at Milimani to the Senior Resident Magistrate’s Court at Kiambu.
- 2 Whether the interests of justice require the transfer of the suit.
Ratio Decidendi
The court found that the application for transfer was unopposed and that the applicant had demonstrated sufficient grounds for transfer, including convenience of parties and witnesses, and absence of prejudice to the respondent. The court exercised its discretion under section 18 of the Civil Procedure Act to order the transfer of the suit from the Chief Magistrate’s Court at Milimani to the Senior Resident Magistrate’s Court at Kiambu for disposal, holding that it was in the interests of justice to do so.
Court Disposition
Application allowed; suit transferred as prayed.
Orders
- Milimani CMCC No. 8223 of 2005 is withdrawn from the Chief Magistrate’s Court, Milimani and transferred to the Senior Resident Magistrate’s Court at Kiambu for disposal.
- Costs of the application shall be in the cause.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI LAW COURTS)
MISC APPLI 46 OF 2006
RIOKI ESTATE COMPANY (1970) LTD …….……….APPLICANT
V E R S U S
PAUL KIGOCHI MWAURA …………….…………..RESPONDENT
R U L I N G
There has been considerable delay in the preparation and delivery of this ruling. The same was occasioned by my serious illness in 2006 and the long attendant recuperation. The delay is regretted.
This is an application (by notice of motion dated 19th January, 2006) for transfer of Nairobi CMCC. No. 8223 of 2005 from the Chief Magistrate’s Court at Milimani to the Senior Resident Magistrate’s Court at Kiambu. The application is made under section 18 of the Civil Procedure Act (the Act). The Applicant is the plaintiff in the suit while the Respondent is the defendant.
The grounds for the application appearing on the face thereof are that the plaintiff carries on business at its principal offices in Kiambu and has its witnesses there; that the defendant resides and works for gain in Kiambu; that it will be onerous to the parties if the matter is heard in Nairobi; that no rights have accrued to the defendant yet and he will not be prejudiced by the transfer; and that it is in the interests of justice that the application be allowed. The application is supported by the affidavit of one DAVID N. CHUCHU, the chairman of the Applicant.
The Respondent was dully served with the application and hearing notice as is evidenced by the affidavit of service filed on 28th July, 2006. He did not file any response; nor was there any appearance for him at the hearing of the application. The application is thus unopposed.
I find no reason not to allow it and I will allow it. Milimani CMCC No. 8223 of 2005 is hereby withdrawn from the Chief Magistrate’s Court, Milimani and transferred to the Senior Resident Magistrate’s Court at Kiambu for disposal. Costs of the application shall be in the cause. Orders accordingly.
DATED AT NAIROBI THIS 28TH DAY OF AUGUST, 2007
H. P. G. WAWERU
J U D G E
DELIVERED THIS 31st DAY OF AUGUST, 2007