UNICORN INSURANCE BROKERS LIMITED v EPCO BUILDERS LIMITED [2003] KEHC 30 (KLR)
- Court
- High Court of Kenya
- Case number
- 30
- Citation
- [2003] KEHC 30 (KLR)
The application is refused as the suit was filed in the wrong court and the High Court cannot exercise its discretion to transfer a suit from one court to another if the suit is filed in a court without the necessary jurisdiction.
Facts
Unicorn Insurance Brokers Limited seeks to transfer Civil Suit Number 9337 of 2004 from the Chief Magistrate's Court to the High Court due to an inadvertent mistake in the amount claimed, which exceeds the jurisdiction of the Chief Magistrate's Court.
Issues
- Whether the application to transfer the suit to the High Court should be granted
- Whether the High Court can exercise its discretion to transfer a suit from one court to another if the suit is filed in a court without the necessary jurisdiction
Reasoning
The court held that the suit was filed in the wrong court due to an inadvertent mistake in the amount claimed, which exceeded the jurisdiction of the Chief Magistrate's Court. The court cannot transfer a suit from one court to another if the suit was filed in a court without the necessary jurisdiction.
Outcome
Denied
Orders
- The application to transfer the suit to the High Court is refused
Authorities cited
Cases cited (2)
- Kirinyaga County Council vs Kenya Nut Company Limited and Another
- Omwoyo vs African Highlands and Produce Company Limited
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