Samuel v Mwangi (Environment & Land Miscellaneous Case E024 of 2022) [2023] KEELC 554 (KLR) (30 January 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 554
- Citation
- [2023] KEELC 554 (KLR)
- Decided
- 30 January 2023
Summary at a glance
TypeMiscellaneousPostureApplication for transfer of caseCoramLN GACHERU
The court declines the application to transfer the case and orders the plaintiff to prosecute the matter expeditiously in the Murang’a Chief Magistrate’s Court.
Facts
The plaintiff, Samuel, filed a suit in Murang’a Chief Magistrate’s Court (MCELC) No. 164 of 2010, seeking to transfer the case to Kigumo Law Courts due to the change in jurisdiction of the Kigumo SPM Court.
Issues
- Whether the transfer of the case from Murang’a Chief Magistrate’s Court to Kigumo Law Courts is justified.
- Whether the plaintiff has provided sufficient reasons for the transfer after 12 years of the suit being in the court system.
Reasoning
The court finds that the transfer is an abuse of the court process and that the objective of the judiciary is to have old matters prosecuted expeditiously rather than transferring them.
Outcome
Application dismissed with costs to the respondent.
Orders
- The suit Murang’a MCELC NO 164 of 2010 Mwangi Samuel Vs Kihara Mwangi to proceed expeditiously before Murang’a Chief Magistrate’s Court.
Authorities cited
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