[2013] KEHC 3692 (KLR)

[2013] KEHC 3692 (KLR)

The court found that both parties reside in Tawa and the cause of action arose in Tawa. The Magistrates Court at Tawa has competent jurisdiction to try the matter, and transferring the suit would not prejudice either party. The High Court, exercising its powers under Section 18(1) of the Civil Procedure Act, determined that it was just and convenient to transfer the suit to the Magistrates Court at Tawa for hearing and disposal. The application was therefore allowed, with costs awarded to the defendant.

Citation
[2013] KEHC 3692 (KLR)
Parties
Applicant: Ruth Muoki; Respondent: Daniel Kilonzo
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Judgment Date
25 April 2013
Case Number
Miscellaneous Civil Application 64 of 2010
Procedural Posture
Miscellaneous Application / Ruling on Application to Transfer Suit
Outcome
application allowed
Judges
BT Jaden
Legal Topics
Transfer of Suit, Jurisdiction of Magistrates Courts, Venue of Suit
Source Language
English
Civil Procedure Transfer of Suit Jurisdiction of Magistrates Courts Venue of Suit

Case Brief

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Parties

Ruth Muoki

Applicant

Daniel Kilonzo

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Transfer Suit

Legal Issues

  1. 1 Whether the High Court should transfer Machakos CMCC 733 of 2007 to the Magistrates Court at Tawa for hearing and disposal.
  2. 2 Whether the Magistrates Court at Tawa has competent jurisdiction to try the matter.
  3. 3 Whether the transfer would cause prejudice to any party.

Ratio Decidendi

The court found that both parties reside in Tawa and the cause of action arose in Tawa. The Magistrates Court at Tawa has competent jurisdiction to try the matter, and transferring the suit would not prejudice either party. The High Court, exercising its powers under Section 18(1) of the Civil Procedure Act, determined that it was just and convenient to transfer the suit to the Magistrates Court at Tawa for hearing and disposal. The application was therefore allowed, with costs awarded to the defendant.

Court Disposition

application allowed

Orders

  • Civil Suit No. 733 of 2007, Machakos is to be transferred to the Magistrates Court at Tawa for hearing and disposal.
  • Costs of the application are awarded to the defendant.