[2015] KEHC 3359 (KLR)
The court found that the Chief Magistrate's Court at Maua lacked pecuniary jurisdiction to hear the suit, as the claim amount was Kshs. 21,040,000, which exceeded its monetary limit. Since the respondent did not oppose the application and no prejudice would be occasioned to any party, the court exercised its...
Source-derived case information.
- Citation
- [2015] KEHC 3359 (KLR)
- Parties
- Applicant: Samuel Ntoiti Mborothi; Respondent: The County Government
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 17 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit
- Outcome
- Application allowed; suit transferred to the Environment and Land Court at Meru.
- Judges
- FM Njoroge
- Legal Topics
- Transfer of Suit, Pecuniary Jurisdiction, Environment and Land Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Samuel Ntoiti Mborothi
Applicant
The County Government
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the Chief Magistrate's Court at Maua has pecuniary jurisdiction to hear the suit.
- 2 Whether the suit should be transferred to the Environment and Land Court at Meru.
- 3 Whether the transfer would prejudice any party.
Ratio Decidendi
The court found that the Chief Magistrate's Court at Maua lacked pecuniary jurisdiction to hear the suit, as the claim amount was Kshs. 21,040,000, which exceeded its monetary limit. Since the respondent did not oppose the application and no prejudice would be occasioned to any party, the court exercised its discretion to transfer the suit to the Environment and Land Court at Meru, which has the requisite jurisdiction to hear and determine the matter.
Court Disposition
Application allowed; suit transferred to the Environment and Land Court at Meru.
Orders
- Suit No. CMCC 325 of 2010 at Maua is transferred to the Environment and Land Court at Meru.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISC. APPLICATION NO. 17 OF 2013
SAMUEL NTOITI MBOROTHI........................................PLAINTIFF
VERSUS
THE COUNTY GOVERNMENT....................................DEFENDANT
R U L I N G
This application is dated 2nd July, 2015 and seeks orders:
1. THAT this Honourable Court be pleased to order the transfer of CMCC No. 325 of 2010 MAUA to the Environment and Land Court at Meru.
2. THAT the costs of this Application be provided for.
It is supported by the affidavit of Samuel Ntoiti M'Mborothi and has the following grounds:
(a) THAT the claim herein is for (Kshs.21,040,000/-) after taking a Valuation.
(b) THAT the Chief Magistrate's Court at Maua lacks pecuniary jurisdiction.
(e) THAT the transfer will not occasion any prejudice to any of the parties.
On 8. 7.2015, the opposite parties indicated that they did not oppose the application. In the circumstances, it is allowed with the effect that suit No. CMCC 325 of 2010 at Maua is transferred to the Environment and Land Court at Meru.
Costs shall be in the cause.
It is so ordered.
Delivered in Open Court at Meru this 8th day of July, 2015 in the presence of:
Cc. Lilian/Daniel
Muthamia h/b Mbaabu Inoti for Applicant
Ayub Anampiu h/b Kiautha Arithi for Respondent
P. M. NJOROGE
JUDGE