[2014] KEHC 2421 (KLR)
The court found that the parties, through their respective advocates, had filed a valid consent seeking the transfer of the suit to Tigania Law Courts for hearing and determination. Both sides confirmed their agreement on record. The court, satisfied that the consent was properly executed and that Tigania Law Courts...
Source-derived case information.
- Citation
- [2014] KEHC 2421 (KLR)
- Parties
- Plaintiff: Samuel Gitonga Mathiu; Defendant: Stanely Karinguri Imathiu; Defendant: David Mung'ori Imathiu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 34 of 2013
- Procedural Posture
- Land Case / Ruling on Transfer by Consent
- Outcome
- suit transferred by consent
- Legal Topics
- Transfer of Suit, Jurisdiction, Consent Orders
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Gitonga Mathiu
Plaintiff
Stanely Karinguri Imathiu
Defendant
David Mung'ori Imathiu
Defendant
Procedural Posture
Land Case / Ruling on Transfer by Consent
Legal Issues
- 1 Whether the suit should be transferred to Tigania Law Courts for hearing and determination as per parties' consent.
Ratio Decidendi
The court found that the parties, through their respective advocates, had filed a valid consent seeking the transfer of the suit to Tigania Law Courts for hearing and determination. Both sides confirmed their agreement on record. The court, satisfied that the consent was properly executed and that Tigania Law Courts had the requisite pecuniary jurisdiction, adopted the consent as its order and directed the transfer of the suit accordingly.
Court Disposition
suit transferred by consent
Orders
- The suit is transferred to Tigania Law Courts for hearing and determination by a magistrate with requisite pecuniary jurisdiction.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
E AND L CASE NO. 34 OF 2013
SAMUEL GITONGA MATHIU.................................................PLAINTIFF
VERSUS
STANELY KARINGURI IMATHIU..................................1ST DEFENDANT
DAVID MUNG'ORI IMATHIU......................................2ND DEFENDANT
R U L I N G
During directions on 8. 7.2014, Mr. Mutunga holding brief for Mr. Mwirigi told the Court that the parties had filed a consent on 7. 5.2014 the contents of which they wanted adopted as its order. Mr. Kiambi holding brief for Mr. Kirima for the defendant supported Mr. Mutunga's assertion. The consent signed by the parties advocates reads:-
“By consent of the Advocate for the plaintiff and for the defendants respectively, the suit herein be transferred to Tigania Law Courts for hearing and determination.”
The consent terms are adopted as an order of this Court. Consequently, this suit is transferred to Tigania Law courts for hearing and determination by a magistrate who possesses requisite pecuniary jurisdiction.
It is so ordered.
Delivered in Open Court at Meru this 8th day of July, 2014 in the presence of:
Cc. Lilian
Mutunga h/b Mwirigi for plaintiff
Kiambi h/b Kirima for defendants
P. M. MNJOROGE
JUDGE