[2008] KEHC 203 (KLR)
The court found, upon reviewing the plaint and the supporting affidavit, that the suit is indeed of a commercial nature. Therefore, it is appropriate and in the interests of justice for the matter to be transferred to the Commercial Division of the High Court at Milimani for hearing and final determination. The...
Source-derived case information.
- Citation
- [2008] KEHC 203 (KLR)
- Parties
- Plaintiff: Wilfred Irungu Ndirangu; Defendant: CMC Motors Group Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 1325 of 2006
- Procedural Posture
- Civil Suit / Ruling on Application for Transfer of Suit
- Outcome
- Application for transfer allowed.
- Judges
- AT Sitati
- Legal Topics
- Transfer of Suit, Jurisdiction, Commercial Division, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilfred Irungu Ndirangu
Plaintiff
CMC Motors Group Limited
Defendant
Procedural Posture
Civil Suit / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the suit is of a commercial nature warranting transfer to the Commercial Division of the High Court.
- 2 Whether the application for transfer of the suit should be granted.
Ratio Decidendi
The court found, upon reviewing the plaint and the supporting affidavit, that the suit is indeed of a commercial nature. Therefore, it is appropriate and in the interests of justice for the matter to be transferred to the Commercial Division of the High Court at Milimani for hearing and final determination. The application for transfer is allowed on this basis.
Court Disposition
Application for transfer allowed.
Orders
- HCCC No.1325 of 2006 is transferred to the High Court, Commercial Division at Milimani for hearing and determination.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Civil Suit 1325 of 2006
WILFRED IRUNGU NDIRANGU………………………...………PLAINTIFF
VERSUS
CMC MOTORS GROUP LIMITED……………………………DEFENDANT
R U L I N G
I have heard counsel on the application dated 10/06/08 seeking an order transferring this suit to the Commercial Division of the High Court at Milimani for hearing and final disposal. The court has also read the supporting affidavit sworn on 10/06/08 by John Kariuki Advocate who says that this matter is of a commercial nature and that it would be best for same to be heard and determined at the Commercial Courts.
For the above reasons, and from a look at the plaint filed herein, I am satisfied that the suit herein is of a commercial nature. Accordingly I allow the plaintiff’s application and order that HCCC No.1325 of 2006 be and is hereby transferred to the High Court, Commercial Division at Milimani for hearing and determination.
Costs shall be in the cause.
Orders accordingly.
Dated and delivered at Nairobi this 27th day of June, 2008.
R.N. SITATI
JUDGE
Delivered in the presence of: