[2014] KEHC 4888 (KLR)
The court found that since the defendant resides in Machakos and the cause of action arose near Machakos, it is in the interest of justice and convenience to transfer the suit to the Chief Magistrate’s Court Machakos. The application was unopposed, and the statutory requirements for transfer under Section 15 of the...
Source-derived case information.
- Citation
- [2014] KEHC 4888 (KLR)
- Parties
- Plaintiff: Timothy Mutinda Nganga; Plaintiff: Nicholas Mbithi Mutinda (Suing as the widower, son and personal representatives of the estate of Scholastica Ndunge Mutinda (Deceased)); Defendant: Wambua Charles
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 9 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Transfer Suit
- Outcome
- application allowed
- Judges
- LN Mutende
- Legal Topics
- Transfer of Suit, Jurisdiction, Venue of Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Timothy Mutinda Nganga
Plaintiff
Nicholas Mbithi Mutinda (Suing as the widower, son and personal representatives of the estate of Scholastica Ndunge Mutinda (Deceased))
Plaintiff
Wambua Charles
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application to Transfer Suit
Legal Issues
- 1 Whether the court should transfer Makueni Principal Magistrate’s Civil Case No. 3 of 2013 to the Chief Magistrate’s Court Machakos for hearing and final disposal.
- 2 Whether the transfer would serve the interests of justice and convenience of the parties.
Ratio Decidendi
The court found that since the defendant resides in Machakos and the cause of action arose near Machakos, it is in the interest of justice and convenience to transfer the suit to the Chief Magistrate’s Court Machakos. The application was unopposed, and the statutory requirements for transfer under Section 15 of the Civil Procedure Act were satisfied. The court exercised its discretion to allow the transfer to ensure the matter is heard in the most appropriate forum.
Court Disposition
application allowed
Orders
- The application to transfer Makueni Principal Magistrate’s Civil Case No. 3 of 2013 to the Chief Magistrate’s Court Machakos for hearing and final disposal is allowed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CIVIL MISCELLANEOUS APPLICATION NO. 9 OF 2014
TIMOTHY MUTINDA NGANGA
NICHOLAS MBITHI MUTINDA (Suing as the widower, son and personal representatives of the estate of
SCHOLASTICA NDUNGE MUTINDA (Deceased)…….. PLAINTIFFS
VERSUS
WAMBUA CHARLES …………………….……….………… DEFENDANT
R U L I N G
In an application dated 3rd February 2014, the Applicant/Plaintiff seeks an order of this court transferring Makueni Principal Magistrate’s Civil Case No. 3 of 2013 to the Chief Magistrate’s Court Machakos for hearing and final disposal.
The application is premised on grounds that the defendant resides and carries on business at Mitaboni which is within Machakos District and the court nearest to it is Machakos Law Courts. Secondly, both the plaintiff and defendant reside in Machakos and the defendant shall not be prejudiced.
The application is unopposed.
The suit alluded to was instituted following a road traffic accident that occurred along Mbumbuni-Tawa Road which is near Machakos. Such a suit can be instituted where the defendant resides or where the cause of action arose. (See Section 15 of the Civil Procedure Act).
It has been stated that the defendant resides in Machakos. It will be in the interest of justice to have the case heard by a court in Machakos.
In the premises I do allow the application as prayed.
DATED, SIGNEDand DELIVERED at MACHAKOS this 20THday of MAY, 2014.
L.N. MUTENDE
JUDGE