Gichuhi v Njenga ((Sued as the administrator of the Estate of Joseph Njenga Cichuhi - Deceased)) [2025] KEHC 3271 (KLR)

Gichuhi v Njenga ((Sued as the administrator of the Estate of Joseph Njenga Cichuhi - Deceased)) (Civil Miscellaneous E033 of 2025) [2025] KEHC 3271 (KLR) (18 March 2025) (Ruling)

Neutral citation: [2025] KEHC 3271 (KLR)

Republic of Kenya

In the High Court at Kiambu

Civil Miscellaneous E033 of 2025

DO Chepkwony, J

March 18, 2025

Between

Monicah Wambui Gichuhi

Plaintiff

and

Beatrice Muthoni Njenga

Defendant

(Sued as the administrator of the Estate of Joseph Njenga Cichuhi - Deceased)

Ruling

1. This matter is scheduled for interparties hearing of a Chamber Summons application dated 4th March, 2025 in which the Applicant/Plaintiff has sought for orders:-a.That an order be and is hereby issued transferring the said suit MCELC/E116/2024, Monicah Wambui Gichuhi –vs- Beatrice Muthoni Njenga from Kiambu Land Court’s to Githunguri Law Courts.b.That the costs of this application be provided for.

2. The application is based on the grounds set out on its face and Supporting Affidavit sworn by the Applicant on even date. The gist of it being that although Kiambu Land Courts is seized with jurisdiction to hear and determine the matter, it will be more convenient to have the same heard at Githunguri Law Courts which is seized with territorial jurisdiction within which the subject suit parcel is situated. It is the Applicant submission that the filing of this case at Kiambu Law Courts was an error and an inadvertent oversight by her counsel, which inadvertence should not be visited on her.

3. According to the Plaintiff’s counsel, they had not prepared Summons to serve upon the Defendant in the said suit.

4. Although there is no evidence to confirm service upon the Defendant/ Respondent and or their counsel, this Court finds that since the Defendants are yet to be served with the Summons to enter Appearance and pleadings in the said suit, they will suffer no prejudice of the orders sought are granted on the reasons advanced.

5. In view of his, the Chamber Summons application dated 4th March, 2025 be and is hereby allowed and in the following terms:-a.That this suit being MCELC/E116/2024, Monica Wambui Gichuhi –vs- Beatrice Muthoni Njenga be and is hereby transferred from Kiambu Law Courts to Githunguri Law Courts forthwith.b.Costs to be in the cause.It is so ordered.

RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 18TH DAY OF MARCH ….__, 2025. D. O. CHEPKWONYJUDGEIn the presence of:Mr. Odero counsel for the Plaintiff/ApplicantNo appearance for and by Defendant/RespondentCourt Assistant - Martin