Njeru & another v Boro & another [2024] KEHC 14550 (KLR)

Njeru & another v Boro & another (Miscellaneous Application E158 of 2024) [2024] KEHC 14550 (KLR) (14 November 2024) (Ruling)

Neutral citation: [2024] KEHC 14550 (KLR)

Republic of Kenya

In the High Court at Kiambu

Miscellaneous Application E158 of 2024

DO Chepkwony, J

November 14, 2024

Between

Faith Muthoni Njeru

1st Plaintiff

Derrick Kamamia Wamuyu (Suing on Behalf of the Estate of Patrick Kiragu Njeru - Deceased)

2nd Plaintiff

and

Joseph Ng’ang’a Boro

1st Defendant

Britam General Insurance Company Kenya Ltd

2nd Defendant

Ruling

1. This matter is for mention for parties to take directions on hearing date, for the Notice of Motion application dated 25th July, 2024. The matter was scheduled for hearing on 1st October, 2024. However, the court did not sit due to having been engaged in official duties.

2. I have read through the application and even though the same is being mentioned today for directions, I have considered the nature of orders sought and the fact that the same has not been responded to despite service upon the Respondents of service dated 18th September, 2024 and 20th September, 2024 respectively.

3. In the circumstances, I find the application is unopposed and proceed to allow the same in the following terms as presented:-a.Kiambu Chief Magistrate’s Civil Case No.E222 of 2024 be and is hereby transferred to the Chief Magistrate’s Court in Ruiru for hearing and determination due to territorial jurisdiction.It is so ordered.

RULING DELIVERED, DATED AND SIGNED AT KIAMBU THIS 14H DAY OF NOVEMBER, 2024. D. O. CHEPKWONYJUDGEIn the presence of:M/S Sharon Makorwa counsel for PlaintiffCourt Assistant - Martin