M’mwithia M’igweta v Silas M.Mwithia [2015] KEHC 3357 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

MISCELLANEOUS CIVIL APPLICATION NO. 43 OF 2015

M’MWITHIA M’IGWETA.................................................APPLICANT

VERSUS

SILAS M.MWITHIA.......................................................RESPONDENT

R U L I N G

This application is date 25/06/2015 and seeks Orders:-

THATthis Honourable Court be pleased to certify this application as urgent and the same be heard exparte on the first instance.

THATthis Honourable Court be pleased  to issue orders for the transfer (sic) Maua Chief Magistrate’s Court Civil Suit No.174 of 2014 from Maua Law Courts to Tigania Law Courts for hearing and determination.

THATthe costs of this application be in the cause.

It is supported by the affidavit of the applicant and has the following grounds:-

THATthe suit was instituted vide a plaint filed on the 25th day of August, 2014.

THATthe Notice of Preliminary Objection was later filed on the 2nd September, 2014.

THATthe suit can be heard and determined at Tigania Law Courts which is about 4 Kilometres from the suit land.

THATno prejudice will be occasioned to either of the parties herein if this application is allowed.

THATthe applicant is over 93 years old and has no resources to attend the hearing at Maua Law Courts with his witnesses which is about 40 Kilometres from his home.

THATit is only just and fair that this application be allowed.

On 06/07/2015, the Respondent was allowed 14 days to file a Replying Affidavit. He has not done so. Mr. Muthomi for the applicant has urged this Court to allow the application since it is not opposed.

I allow the application.

Costs shall be in the cause.

It is so ordered.

Delivered in Open Court at Meru this 21st day of July, 2015 in the presence of:-

Cc.: Daniel

Muthomi for the Applicant.

P.M. NJOROGE

JUDGE