[2016] KEHC 6728 (KLR)
The court found that the parties, through their duly instructed advocates, had entered into a valid consent to transfer the suit to the Chief Magistrate's Court at Meru. The consent was properly executed and there was no legal impediment to the transfer. The court, though reluctant, adopted the consent as an order...
Source-derived case information.
- Citation
- [2016] KEHC 6728 (KLR)
- Parties
- Plaintiff: Solomon Gichuru Maugo; Defendant: Joseph Mwirigi M'Ithiri; Defendant: Kenya Commercial Bank
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 96 of 2016
- Procedural Posture
- Civil Suit / Ruling on Transfer of Suit by Consent
- Outcome
- Suit transferred to Chief Magistrate's Court Meru for hearing and determination by consent of parties.
- Judges
- FM Njoroge
- Legal Topics
- Transfer of Suit, Consent Orders, Jurisdiction, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Solomon Gichuru Maugo
Plaintiff
Joseph Mwirigi M'Ithiri
Defendant
Kenya Commercial Bank
Defendant
Procedural Posture
Civil Suit / Ruling on Transfer of Suit by Consent
Legal Issues
- 1 Whether the suit should be transferred to the Chief Magistrate's Court at Meru by consent of the parties.
- 2 Whether the discharge of charge affects the interest of the 2nd Defendant in the suit.
Ratio Decidendi
The court found that the parties, through their duly instructed advocates, had entered into a valid consent to transfer the suit to the Chief Magistrate's Court at Meru. The consent was properly executed and there was no legal impediment to the transfer. The court, though reluctant, adopted the consent as an order of the court pursuant to Section 18 of the Civil Procedure Act, thereby transferring the suit for hearing and determination by the lower court. The discharge of charge indicated that the 2nd Defendant, Kenya Commercial Bank, may no longer have an interest in the matter, but the transfer was based solely on the parties' consent and the court's statutory power to transfer cases.
Court Disposition
Suit transferred to Chief Magistrate's Court Meru for hearing and determination by consent of parties.
Orders
- This suit is transferred to Chief Magistrate's Court Meru for hearing and determination.
- Order adopted in terms of Section 18, Civil Procedure Act.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL SUIT NO 96 OF 2008
SOLOMON GICHURU MAUGO.............................................................................PLAINTIFF
VERSUS
JOSEPH MWIRIGI M'ITHIRI.......................................................................1ST DEFENDANT
KENYA COMMERCIAL BANK..................................................................2ND DEFENDANT
R U L I N G
On 29th February, 2016 the 1st Plaintiff and the 1st Defendant proffered a Consent asking this Court to transfer this suit to CM's Court, Meru, for hearing and determination.
The Consent is signed by the Advocates representing the parties. The Consent is in the following terms:-
“By consent, this matter is transferred to the Lower Court at Chief Magistrate's Court at Meru”.
The Consent is properly signed by the parties' Advocates.
This Court was shown a discharge of charge which effectively would have meant a return of the apposite Certificate of Title to the Defendant. This May form a basis for Advocate Kioga , for the Plaintiff, stating that the Kenya Commercial Bank may no longer be interested in the merits of this suit.
This suit was filed in 2008, eight years ago. In view of the Consent, which I reluctantly adopt as an order of this Court in terms of Section 18, CPA, this suit is transferred to Chief Magistrate's Court Meru for hearing and determination.
It is so ordered.
Delivered in Open Court at Meru this29th day of February, 2016.
in the presence of:-
CC: Lilian/Daniel
Kioga for Plaintiff
Muthamia for 1st Defendant
P. M. NJOROGE
JUDGE