[2016] KEHC 4610 (KLR)
The court found that Section 18 of the Civil Procedure Act empowers it to transfer suits to courts of competent jurisdiction. Since the subordinate court now has the requisite jurisdiction to hear and determine the matter, the application for transfer is merited. The court therefore ordered the withdrawal of the...
Source-derived case information.
- Citation
- [2016] KEHC 4610 (KLR)
- Parties
- Plaintiff: Samuel Ng’ang’a Gachau; Plaintiff: Alice Munini Muthengi; Defendant: The Attorney General; Defendant: Kenya Power & Lighting Company Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 200 of 2015
- Procedural Posture
- Civil Case / Ruling on Application for Transfer of Suit
- Outcome
- Application for transfer of suit allowed. No order as to costs.
- Judges
- RE Aburili
- Legal Topics
- Transfer of Suit, Jurisdiction, Malicious Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Ng’ang’a Gachau
Plaintiff
Alice Munini Muthengi
Plaintiff
The Attorney General
Defendant
Kenya Power & Lighting Company Limited
Defendant
Procedural Posture
Civil Case / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the High Court should transfer the suit to the Chief Magistrate’s Court at Milimani in view of the enhanced jurisdiction of the subordinate court.
Ratio Decidendi
The court found that Section 18 of the Civil Procedure Act empowers it to transfer suits to courts of competent jurisdiction. Since the subordinate court now has the requisite jurisdiction to hear and determine the matter, the application for transfer is merited. The court therefore ordered the withdrawal of the suit from the High Court and its transfer to the Chief Magistrate’s Court at Milimani, Nairobi for hearing and determination. No order was made as to costs.
Court Disposition
Application for transfer of suit allowed. No order as to costs.
Orders
- The suit is withdrawn from the High Court and transferred to the Chief Magistrate’s Court at Milimani, Nairobi for hearing and determination.
- The file to be transmitted to the Chief Magistrate’s Court at Milimani, Nairobi to facilitate expeditious disposal of the suit.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CIVIL CASE NO. 200 OF 2015
SAMUEL NG’ANG’A GACHAU………….……………………………1ST PLAINTIFF
ALICE MUNINI MUTHENGI…………….……...……………………...2ND PLAINTIFF
VERSUS
THE ATTORNEY GENERAL ……….….…....………………………..1ST DEFENDANT
KENYA POWER & LIGHTINGCOMPANY LIMITED …..….………2ND DEFENDANT
RULING
This suit was instituted in 2015. The plaintiff’s claim against the defendants jointly and severally is for damages arising from an alleged malicious prosecution. The plaintiff now seeks for transfer of this suit from this court to the Chief Magistrates Court at Milimani Commercial Courts for hearing and determination in view of the enhanced jurisdiction of the subordinate court.
The application is not opposed save for costs.
I have considered the application. Section 18 of the Civil Procedure Act does permit this court to withdraw suit from the High Court and transfer it to another court of competent jurisdiction. The subordinate court has competent jurisdiction to hear and determine this suit. In the premise, I hereby order that this suit be and is hereby withdrawn from this court and transferred to the Chief Magistrate’s Court at Milimani, Nairobi for hearing and determination. The file herein to be transmitted to the Chief Magistrate’s Court at Milimani, Nairobi to facilitate expeditious disposal of the suit.
I make no orders as to costs of the application.
Orders accordingly.
R.E. ABURILI
JUDGE
26/4/2016