Leonard Mugambi v Erastus Mungania [2016] KEHC 7581 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

IN THE ENVIRONMENT AND LAND COURT AT MERU

CIVIL CASE NO 29 OF 2013

LEONARD MUGAMBI .......................................PLAINTIFF

VERSUS

ERASTUS MUNGANIA...................................DEFENDANT

R U L I N G

This application is dated 4th March, 2016 and seeks orders:-

THATthis Honourable Court be pleased to transfer this suit to the Subordinate Court at Meru Law Courts for hearing and determination.

THATcosts be provided for.

The application is buttressed by the affidavit of LEONARD MUGAMBI, the applicant, and has the following grounds:-

THATthe subject matter involves land Parcel No. NKUENE/TAITA/1941 whose value is Kshs. 600,000/=.

THATthe said suit was filed in a Court of competent jurisdiction.

THATthe Subordinate at Meru Law Courts has both geographical and pecuniary jurisdiction to hear and determine the said civil suit.

I have looked at the apposite averments. I am in agreement with the applicant that the pecuniary interest in this matter is within the jurisdiction of Judicial Officers at Meru Law Courts.

Allowing this application will not be prejudicial to any of the parties.  In the circumstances, the application is allowed.  In terms of section 18, CPA , this suit is transferred to Meru Law Courts for hearing and determination.

It is so ordered.

Delivered in open Court at Meru this 14th day of March 2016 in the presence of:-

CC: Daniel/Lilian

Kimathi Kiara for the Plaintiff

P. M. NJOROGE

JUDGE