[2005] KEHC 2640 (KLR)
The court held that, despite the absence of an express statutory provision for transferring a suit from one High Court registry to another, it possesses inherent powers under section 3A of the Civil Procedure Act to do so in appropriate circumstances. The court found that the convenience of the parties and...
Source-derived case information.
- Citation
- [2005] KEHC 2640 (KLR)
- Parties
- Plaintiff: Sarah Kanyi Mugo; Defendant: Samuel Njomo Muriithi
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Case 177 of 2002
- Procedural Posture
- Civil Case / Ruling on Application for Transfer of Suit
- Outcome
- application granted
- Judges
- GG Okwengu
- Legal Topics
- Transfer of Suit, Jurisdiction of High Court, Inherent Powers, Venue of Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sarah Kanyi Mugo
Plaintiff
Samuel Njomo Muriithi
Defendant
Procedural Posture
Civil Case / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the High Court has jurisdiction to transfer a suit from one High Court registry to another.
- 2 Whether the transfer of the suit to Nairobi would be convenient, less expensive, and expeditious.
Ratio Decidendi
The court held that, despite the absence of an express statutory provision for transferring a suit from one High Court registry to another, it possesses inherent powers under section 3A of the Civil Procedure Act to do so in appropriate circumstances. The court found that the convenience of the parties and witnesses, as well as considerations of expense and expedition, justified the transfer of the suit to the High Court at Nairobi. The court concurred with the reasoning in Jazira Agencies Nairobi Ltd. v Dolphin Stationers Ltd., affirming its jurisdiction to grant the transfer in the interests of justice.
Court Disposition
application granted
Orders
- The file be transferred by the Deputy Registrar, High Court Nyeri to the Deputy Registrar High Court Nairobi.
- The matter to be placed before a Judge at Nairobi for necessary action.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI CIVIL CASE 177 OF 2002 SARAH KANYI MUGO ……………………………………………. PLAINTIFF VERSUS SAMUEL NJOMO MURIITHI ………………………………….. DEFENDANTR U L I N GBy an application dated 19th April 2005, Samuel Njomo Muriithi, the Defendant Applicant sought to have his suit filed in the Nyeri High Court Registry transferred to the High Court at Nairobi for hearing and determination. It is contended that the matter would be determined expeditiously and at an affordable costs as both Plaintiff and Defendant reside in Nairobi and that witnesses will also be coming from Nairobi.
The Respondent through Ameka & Co. advocate objects to the application maintaining that it is misconceived and has no legal basis and that the court has no jurisdiction to entertain an application for transfer to itself.
Mr. Mbugua who argued this application for the applicant relied on Jazira Agencies Nairobi Ltd. v/s Dolphin Stationers Ltd. HC (MSA) Civil Suit No. 477 of 1998 wherein Waki J stated: <p 40px;"=""> “Where there is no provision of law however as there is not in relation to matters of transfer from one High Court to another, I am in no doubt that in a deserving case the court would invoke its inherent powers which are unlimited and there is a saving reminder in section 3A of the Civil Procedure Act.”
I concur with the above statement which clearly addresses the issue at hand. It is evident that it would be convenient, less expensive and expeditious to have this trial conducted at the High Court in Nairobi. I do therefore grant the application and . order that this file be transferred by the Deputy Registrar, High Court Nyeri to the Deputy Registrar High Court Nairobi and thereafter placed before a Judge for necessary action.
Dated and delivered this 3rd June 2005
H. M. OKWENGUJUDGE