[2016] KEHC 5832 (KLR)
The court found that, although recent legal changes may have vested jurisdiction in the Chief Magistrate's Court due to the subject matter's value, the application for transfer and withdrawal should not be granted ex parte. The judge determined that the interests of justice require all parties to be heard before...
Source-derived case information.
- Citation
- [2016] KEHC 5832 (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'Itere)
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 38 of 2015
- Procedural Posture
- Environment and Land Case / Ruling on Interlocutory Application for Transfer and Withdrawal
- Outcome
- Application to withdraw and transfer suit to Chief Magistrate's Court to be heard inter partes.
- Judges
- FM Njoroge
- Legal Topics
- Jurisdiction of Magistrates Courts, Transfer of Suits, Valuation of Land, Withdrawal of Suit
- 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'Itere)
Defendant
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Application for Transfer and Withdrawal
Legal Issues
- 1 Whether the Chief Magistrate's Court now has jurisdiction to hear the matter given the subject matter value.
- 2 Whether the suit should be withdrawn from the High Court and re-transferred to the Meru Chief Magistrate's Court.
- 3 Whether the application should be heard ex parte or inter partes.
Ratio Decidendi
The court found that, although recent legal changes may have vested jurisdiction in the Chief Magistrate's Court due to the subject matter's value, the application for transfer and withdrawal should not be granted ex parte. The judge determined that the interests of justice require all parties to be heard before making a substantive order on the transfer. Therefore, the application was set down for inter partes hearing to allow both sides to present their arguments regarding jurisdiction and the appropriate forum for trial.
Court Disposition
Application to withdraw and transfer suit to Chief Magistrate's Court to be heard inter partes.
Orders
- The application shall be heard inter partes.
- No ex parte orders granted at this stage.
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 and 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.
THATthe interest of justice dictate a re-transfer.
The application was brought to Court by way of a Certificate of Urgency. In view of the recent changes in the law relating to jurisdiction of Magistrate's Courts, I was inclined to allow the application. However, upon perusal of the Plaint in respect of ELC NO. 22 OF 2012, I am persuaded that the parties should be heard interpartes.
I direct that the application be heard interpartes.
Delivered in Open Court at Meru this 14th Day of March, 2016 in the presence of:-
CC: Daniel/Lilian
Mwanzia for Plaintiffs
Baikiara for the Defendant
P. M. NJOROGE
JUDGE