John Mwangangi Mutia v Kasimu Muthangya [2015] KEHC 6128 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MACHAKOS

MISCELLANEOUS CIVIL CASE NO. 19 OF 2015

JOHN MWANGANGI MUTIA ……………………………….PLAINTIFF

VERSUS

KASIMU MUTHANGYA ………………................................DEFENDANT

RULING

This file has been placed before me by Makungu R.N., DeputyRegistrar following an order made by Ombata, R., Resident Magistrate, transferring the matter to Mwingi Law Courts for hearing and determination.

According to Section 18(1) of the Civil Procedure Code, it is the High Court that is seized of jurisdiction to transfer a suit instituted in a Subordinate Court to one that is competent to try it. Consequently the order made by the learned magistrate dated the 21st October, 2014 is null and void.   Accordingly  it is quashed.

The alluded to provision of the law gives this court power to act suo moto in making such an order of transfer.  A perusal of the Plaint indicates that the land in issue is situated at Migwani/Kyome which is within the jurisdiction of Mwingi Law Courts.In the premises, it will be in the interest of justice for the matter to be heard by Mwingi Law Courts.

I therefore order that the case be and is hereby transferred to Mwingi Senior Resident Magistrate’s Court for trial and disposal.

No orders as to costs.

DATED, SIGNED and DELIVEREDatMACHAKOS this 19THday of FEBRUARY, 2015.

L.N. MUTENDE

JUDGE