Kiambi v Ngera (Miscellaneous Civil Case E019 of 2021) [2022] KEHC 11768 (KLR) (12 May 2022) (Ruling)
Neutral citation:
[2022] KEHC 11768 (KLR)
Republic of Kenya
Miscellaneous Civil Case E019 of 2021
HPG Waweru, J
May 12, 2022
Between
Hassan Juma Kiambi
Applicant
and
John Gitonga Ngera
Respondent
Ruling
1.The Applicant herein, Hassan Juma Kiambi, has applied by notice of motion dated 22/11/2021 for withdrawal of Nanyuki CM Civil Case No 36 of 2016 from that court and transfer of the same to the Chief Magistrate’s Court at Meru for disposal. The application is brought under section 18(1) (b) (ii) of the Civil Procedure Act, Cap 21, though sub-paragraph (iii) is erroneously cited. The Applicant is the plaintiff in the suit, while the Respondent is the defendant.
2.The Respondent was duly served with the application. He did not file any response. He was also duly served with hearing notice. There was no appearance for him at the hearing.
3.I have read the supporting affidavit. I have also perused the pleadings in the case sought to be transferred. I am satisfied that the case belongs in the Chief Magistrate’s Court at Meru and not at Nanyuki.
4.I will therefore allow the application. Nanyuki CMCC No 36 of 2016 (Hassan Juma Kiambi v Jonah Gitonga Ngera) is hereby withdrawn from that court and transferred to the Chief Magistrate’s Court at Meru for disposal. It is so ordered. There will be no order as to costs of this application.
DATED AND SIGNED AT NANYUKI THIS 11TH DAY OF MAY 2022H P G WAWERUJUDGEDELIVERED AT NANYUKI THIS 12TH DAY OF MAY 2022