[2025] KEHC 2908 (KLR)
The court found that the order of 28th June, 2024, directing the re-trial to be held at Limuru instead of Kiambu was a typographical error. Both parties were in agreement that the correct venue should be Kiambu Law Court. The court exercised its power to review and vary its previous order to correct the error and...
Source-derived case information.
- Citation
- [2025] KEHC 2908 (KLR)
- Parties
- Appellant: Stephen Wanaina Wamaitha; Respondent: Gathima Investment; Respondent: Lucy Ngina Magu; Respondent: Sumac Dtm Limited
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E297 of 2022
- Procedural Posture
- Civil Appeal / Ruling on Notice of Motion for Review and Transfer of Suit
- Outcome
- Application allowed; previous order reviewed and varied; suit transferred; no order as to costs.
- Judges
- DO Chepkwony
- Legal Topics
- Review of Court Orders, Transfer of Suit, Correction of Typographical Errors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Wanaina Wamaitha
Appellant
Gathima Investment
Respondent
Lucy Ngina Magu
Respondent
Sumac Dtm Limited
Respondent
Procedural Posture
Civil Appeal / Ruling on Notice of Motion for Review and Transfer of Suit
Legal Issues
- 1 Whether the order of 28th June, 2024 directing re-trial at Limuru should be reviewed to indicate Kiambu Law Court due to a typographical error.
- 2 Whether the lower court file Kiambu CC. E448 of 2021 should be transferred from Limuru Law Courts to Kiambu Law Courts.
- 3 Whether the application should be certified urgent and mentioned alongside Kiambu CC No.E447 of 2021.
Ratio Decidendi
The court found that the order of 28th June, 2024, directing the re-trial to be held at Limuru instead of Kiambu was a typographical error. Both parties were in agreement that the correct venue should be Kiambu Law Court. The court exercised its power to review and vary its previous order to correct the error and ordered the transfer of the lower court file from Limuru Law Courts to Kiambu Law Courts. The application was certified urgent and ordered to be mentioned alongside the related file. No order as to costs was made, as the application was unopposed and the error was clerical in nature.
Court Disposition
Application allowed; previous order reviewed and varied; suit transferred; no order as to costs.
Orders
- The order of 28th June, 2024 that reads 'the Chief Magistrate’s Court Limuru' is hereby reviewed and or varied to read 'Kiambu Law Court'.
- Kiambu CC.E448 of 2021 be re-transferred from Limuru Law Courts to Kiambu Law Courts.
Full Case Text
Judgment text and source record
24 paragraphs
Wamaitha v Gathima Investment & 2 others (Civil Appeal E297 of 2022) [2025] KEHC 2908 (KLR) (27 February 2025) (Ruling)
Neutral citation: [2025] KEHC 2908 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Appeal E297 of 2022
DO Chepkwony, J
February 27, 2025
Between
Stephen Wanaina Wamaitha
Appellant
and
Gathima Investment
1st Respondent
Lucy Ngina Magu
2nd Respondent
Sumac Dtm Limited
3rd Respondent
Ruling
1. The matter is for mention for parties to confirm compliance of directions on the Notice of Motion application 10th December, 2024 in which the Applicant has sought for orders:-a.That this Honourable Court be pleased to be reviewed and or be varied to amend the order of 28th June, 2024 that reads;-“,,,the Chief Magistrate, Limuru for the re-trial” to read as “ Kiambu Law Court”.b.That this Honourable court do issue an order for the transfer of the lower court Kiambu CC. E448 of 2021 to Kiambu Law Courts from Limuru Law Courts.c.That matter be certified urgent, as the sister file, Kiambu CC No.E447 of 2021 that was stayed awaiting the instance High Court Judgment, has a mention on 25th February, 2025. d.That the costs of this application be provided for.
2. The application is premised on the grounds set out on its face and reiterated in the Supporting Affidavit sworn by the Applicant, Stephen Wainaina Wamaitha on even date. The main ground is that the order directing the lower court for trial in Limuru instead of Kiambu as a typing error.
3. M/S Gathoni, counsel for the Applicant told court that they had served the application upon the Respondent.
4. In response, counsel for the Respondents, M/S Nyatta indicated that they were not opposed to the prayers sought in the application. That being so, the Notice of Motion application date 10th December, 2024 be and is hereby allowed with the following orders issuing:-a.The order of 28th June, 2024 that reads “the Chief Magistrate’s Court Limuru” is hereby reviewed and or varied to read “Kiambu Law Court”.b.The Kiambu CC.E448 of 2021 be re-transferred from Limuru Law Courts to Kiambu Law Courts.c.Having been certified urgent, the application be placed before the Chief Magistrate’s Court for mention alongside Kiambu CC No.E447 of 2021. d.There shall be no orders as to costs.
It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 27TH DAY OF FEBRUARY, 2025. D. O. CHEPKWONYJUDGEM/S Gathoni counsel for AppellantM/S Nyatta counsel for RespondentsCourt Assisant - Martin