Lazarus Mukuta Kaleve v Philip Ngili Muthunga & another [2005] KEHC 901 (KLR)
- Court
- High Court of Kenya
- Case number
- 901
- Citation
- [2005] KEHC 901 (KLR)
- Decided
- 21 April 2005
The application for transfer is granted, and the case will be transferred to Machakos Chief Magistrate's Court for the application dated 10.1.2005 on merit and any other application that may follow. The applicant will bear costs of the application dated 3.2.2005.
Facts
The defendants/applicants were aggrieved by a judgement in a civil case in Kitui Court and sought to set it aside. The plaintiff/respondent opposed the application, stating that the defendants/applicants should have appealed instead.
Issues
- Transfer of case from Principal Magistrate's Civil Case 107/2004 Kitui Court to High Court in Machakos
- Whether the application to set aside the judgement was brought in bad faith
Reasoning
The court exercised its discretion to transfer the case due to the defendants/applicants' failure to act diligently and with haste in setting aside the interlocutory judgement, and the fact that the case was finalised with a judgement and costs assessed.
Outcome
Transfer granted
Orders
- Transfer of Principal Magistrate Civil Case 107/2004 to Machakos Chief Magistrate's Court for the application dated 10.1.2005 on merit and any other application that may follow
Remedies
- Costs of the application dated 3.2.2005 to be borne by the applicant
Authorities cited
Legislation (1)
- Civil Procedure Act
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