WILFRED IRUNGU NDIRANGU v CMC MOTORS GROUP LIMITED [2008] KEHC 203 (KLR) | Transfer Of Suit | Esheria

WILFRED IRUNGU NDIRANGU v CMC MOTORS GROUP LIMITED [2008] KEHC 203 (KLR)

Full Case Text

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Civil Suit 1325 of 2006

WILFRED IRUNGU NDIRANGU………………………...………PLAINTIFF

VERSUS

CMC MOTORS GROUP LIMITED……………………………DEFENDANT

R U L I N G

I have heard counsel on the application dated 10/06/08 seeking an order transferring this suit to the Commercial Division of the High Court at Milimani for hearing and final disposal.  The court has also read the supporting affidavit sworn on 10/06/08 by John Kariuki Advocate who says that this matter is of a commercial nature and that it would be best for same to be heard and determined at the Commercial Courts.

For the above reasons, and from a look at the plaint filed herein, I am satisfied that the suit herein is of a commercial nature.  Accordingly I allow the plaintiff’s application and order that HCCC No.1325 of 2006 be and is hereby transferred to the High Court, Commercial Division at Milimani for hearing and determination.

Costs shall be in the cause.

Orders accordingly.

Dated and delivered at Nairobi this 27th day of June, 2008.

R.N. SITATI

JUDGE

Delivered in the presence of: