[2023] KEELC 554 (KLR)
The court found that the application for transfer of the suit, filed after more than 12 years since the original filing, did not serve the overriding objective of the Civil Procedure Act, which is to ensure just, expeditious, and proportionate resolution of disputes. The court held that transferring the matter at...
Source-derived case information.
- Citation
- [2023] KEELC 554 (KLR)
- Parties
- Plaintiff: Mwangi Samuel; Defendant: Kihara Mwangi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Muranga
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Miscellaneous Case E024 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit
- Outcome
- application dismissed with costs to the respondent
- Judges
- LN Gacheru
- Legal Topics
- Transfer of Suit, Jurisdiction of Magistrates Courts, Abuse of Court Process, Overriding Objective, Expeditious Disposal of Cases
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mwangi Samuel
Plaintiff
Kihara Mwangi
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the suit Murang’a MCELC NO. 164 of 2010 should be transferred from Murang’a Chief Magistrate’s Court to Kigumo Law Courts.
- 2 Whether the application for transfer after 12 years constitutes an abuse of court process.
- 3 Whether the overriding objective of the Civil Procedure Act supports the transfer of the suit.
Ratio Decidendi
The court found that the application for transfer of the suit, filed after more than 12 years since the original filing, did not serve the overriding objective of the Civil Procedure Act, which is to ensure just, expeditious, and proportionate resolution of disputes. The court held that transferring the matter at this stage would not promote judicial efficiency or the expeditious disposal of old cases. The court further determined that there are sufficient magistrates with the requisite pecuniary jurisdiction at Murang’a Chief Magistrate’s Court to hear and determine the matter. Consequently, the court concluded that the application for transfer was an abuse of the court process and...
Court Disposition
application dismissed with costs to the respondent
Orders
- The application dated 5th October 2022 is dismissed with costs to the respondent.
- The suit Murang’a MCELC NO 164 of 2010 Mwangi Samuel Vs Kihara Mwangi to proceed expeditiously before Murang’a Chief Magistrate’s Court.
Full Case Text
Judgment text and source record
26 paragraphs
Samuel v Mwangi (Environment & Land Miscellaneous Case E024 of 2022) [2023] KEELC 554 (KLR) (30 January 2023) (Ruling)
Neutral citation: [2023] KEELC 554 (KLR)
Republic of Kenya
In the Environment and Land Court at Muranga
Environment & Land Miscellaneous Case E024 of 2022
LN Gacheru, J
January 30, 2023
Between
Mwangi Samuel
Plaintiff
and
Kihara Mwangi
Defendant
Ruling
1. This Court has considered the Notice of Motion Application dated 5th October 2022, for transfer of Murang’a MCELC NO. 164 of 2010, from Murang’a Chief Magistrate’s Court to Kigumo Law Courts.
2. The reasons for the transfer is that the suit property Loc.2/Mairi/276 and Loc.2/Mairi/688, fall under the Jurisdiction of Kigumo SPM Court and thus reasons for the transfer. That at the time of filing the suit, Kigumo SPM Court did not have jurisdiction to hear and determines land matters.
3. The Application is opposed, by the Defendant through the Replying Affidavit of J Mwangi Ben Advocate, who averred that the said suit MCELC No.164 of 2010, has been in Court for over 12 years, and no good reasons have been given for filing this Application after 12 years.
4. The Court has considered the Application, the Replying Affidavit and the Further Affidavit and finds that; -
5. The main reasons for seeking for the transfer is because the Magistrate in Kigumo Court now has Jurisdiction to hear land matters. The Magistrates’ Courts Act was amended in 2015. The suit that is supposed to be transferred was filed in 2010. It has been in the Court system for over 12 years.
6. Section 1A of the Civil Procedure Act, provides for the overriding objective of the Act which is to facilitate Just, Expeditious and Proportionate resolution of the disputes under the said Act.
7. The Courts are encouraged to facilitate expeditious disposal of matters before the Judicial system.
8. Section 3A of the said Civil Procedure Act gives the Court inherent power to make such orders as may be necessary for ends of justice and to prevent abuse of the Court process.
9. Seeking to transfer a matter from one Court to another given that the said matters was filed in 2010, is an abuse of the Court process. The Court finds that the necessary orders herein that would promote the achievement of the overriding objective of the Act as provided by Sections 1A & 1B of Civil Procedure Act is to decline the instant application.
10. Let the Applicant prosecute the mater before the Murang’a Chief Magistrate Court expeditiously. There are enough Magistrates with relevant pecuniary jurisdiction to hear and determine this matter at Murang’a Chief Magistrate’s Court. The objective of Judiciary at this time is to have all old matters prosecuted and determined expeditiously and not to transfer them from one Court to another. The Application dated 5th October 2022, is dismissed with costs to the Respondent.
10. The suit Murang’a MCELC NO 164 of 2010 Mwangi Samuel Vs Kihara Mwangi to proceed expeditiously before Murang’a Chief Magistrate’s Court.It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY AT MURANG’A THIS 30TH DAY OF JANUARY, 2023. L. GACHERUJUDGEIn the presence of;M/s Wainaina for the ApplicantMr. Mwangi Ben for the RespondentJoel Njonjo - Court AssistantL. GACHERUJUDGE30/1/2023