AGNES MULOKO JACKSON v SERAH K. MAUNDU & ANOTHER [2008] KEHC 3306 (KLR)
- Court
- High Court of Kenya
- Case number
- 3306
- Citation
- [2008] KEHC 3306 (KLR)
- Decided
- 20 February 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil Misc 263 of 2007PostureApplication for transfer of suit from Machakos to Milimani Chief Magistrate's CourtCoramISAAC LENAOLA
Holding
The application for transfer is dismissed because the suit was filed in a court without jurisdiction.
Facts
The applicant filed CMCC No.1040/2006 in Machakos without proper jurisdiction, alleging that the cause of action arose in Nairobi and there was an inadvertent error in filing the suit.
Issues
- Whether an order of transfer can be made from a court without jurisdiction to a court with jurisdiction.
- Whether the application for transfer is an abuse of court process.
Reasoning
The court held that the suit was filed in a court without jurisdiction and that an order of transfer cannot be made from a court without jurisdiction to a court with jurisdiction.
Outcome
Application dismissed with costs to the respondents.
Orders
- Application for transfer of suit dismissed
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (5)
- Joseph Karisa Katsoma -vs- Samuel Marabu
- Private Development Co. Ltd -vs- Samuel Kamau Macharia
- Ndykak Investments Limited -vs- Joseph Irungu Kinoti
- Kagenyi -vs- Musiramo
- Ledgard and Another-vs- Bull
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…