[2016] KEHC 5888 (KLR)
The court found that the Chief Magistrate's Court at Meru now has jurisdiction to hear and determine the suit, given the current valuation of the subject matter. Since both parties agreed to the transfer and there was no objection, and in accordance with Section 18 of the Civil Procedure Act, the court exercised its...
Source-derived case information.
- Citation
- [2016] KEHC 5888 (KLR)
- Parties
- Plaintiff: Silvana Karimi Chabari; Plaintiff: Dominica Muthoni M'Ibari; Plaintiff: Magdalene Mwaria Mwaja; Plaintiff: Mwaromo Mugira M'Mugambi; Defendant: John Muthuri (Administrator of the Estate of M'Ananua M'Ituere)
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 38 of 2015
- Procedural Posture
- Environment and Land Case / Ruling on Application to Transfer Suit to Magistrate's Court
- Outcome
- Application to transfer suit granted.
- Judges
- FM Njoroge
- Legal Topics
- Jurisdiction of Courts, Transfer of Suits, Valuation of Land, Magistrates Court Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Silvana Karimi Chabari
Plaintiff
Dominica Muthoni M'Ibari
Plaintiff
Magdalene Mwaria Mwaja
Plaintiff
Mwaromo Mugira M'Mugambi
Plaintiff
John Muthuri (Administrator of the Estate of M'Ananua M'Ituere)
Defendant
Procedural Posture
Environment and Land Case / Ruling on Application to Transfer Suit to Magistrate's Court
Legal Issues
- 1 Whether the High Court should transfer the suit to the Meru Chief Magistrate's Court for hearing and determination.
- 2 Whether the Chief Magistrate's Court now has jurisdiction based on the subject matter value.
Ratio Decidendi
The court found that the Chief Magistrate's Court at Meru now has jurisdiction to hear and determine the suit, given the current valuation of the subject matter. Since both parties agreed to the transfer and there was no objection, and in accordance with Section 18 of the Civil Procedure Act, the court exercised its discretion to transfer the suit from the High Court to the Meru Chief Magistrate's Court for hearing and determination. The transfer was deemed appropriate to ensure the matter is heard by the court with proper jurisdiction, following the parties' consensus and the statutory framework governing transfer of suits.
Court Disposition
Application to transfer suit granted.
Orders
- The suit is transferred to Meru Chief Magistrate's Court for hearing and determination.
- Costs of the application to abide the outcome of the main suit.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ENVIRONMENT AND LAND CASE NO 38 OF 2015
SILVANA KARIMI CHABARI …............................................ ......1ST PLAINTIFF
DOMINICA MUTHONI M'IBARI …...............................................2ND PLAINTIFF
MAGDALENE MWARI MWAJA …........................................ ......3RD PLAINTIFF
MWAROMO MUGIRA M'MUGAMBI.............................................4TH PLAINTIFF
VERSUS
JOHN MUTHURI
(ADMINISTRATOR OF THE ESTATE OF M'ANANUA M'ITERE).....DEFENDANT
R U L I N G
This application is dated 4th March, 2016. The application seeks orders:-
THATthis matter be certified urgent and be heard on priority basis.
THATthis Court be pleased to withdraw this suit and re-transfer the same for trial and disposal before the Meru Chief Magistrate's Court.
THATcost of this application do abide the outcome of the main suit.
The application is supported by the Affidavit of SILVANA KARIMI CHABARI, the applicant, and has the following grounds:-
THAT this matter was initially filed before this Court being No. 22 of 2012 and transferred to Nkubu Law Courts for hearing and determination.
THATit became apparent that the subject matter herein has an open market value of between Kshs. 8 million and 14 Million a fact which was not within the parties' knowledge at the time the initial suit was transferred.
THATthe Subordinate Court lacked jurisdiction to deal with this matter.
THAT consequently the file was re-transferred to this Court.
THATnow the Chief Magistrate Meru has jurisdiction to entertain the same.
I delivered a ruling that in my view it was desirable for the parties to be heard interparties. Immediately after the ruling, the parties were heard interpartes and intimated that they wanted the suit to be withdrawn from this Court and be transferred to Meru Magistrate's Court.
In the circumstances, and in terms of Section 18, CPA, this suit is transferred to Meru Chief Magistrate's Court for hearing and determination.
It is so ordered.
Delivered in Open Court at Meru this 14th day of March, 2016 in the presence of:-
CC: Daniel/Lilian
Mwanzia for Applicants
Baikiara for Respondent.
P. M. NJOROGE
JUDGE