REPUBLIC OF KENYA IN THE HIGH COURT AT EMBU Civil Case 32 of 2012 MACHARIA MURAGURI …..….. …………………………………….. PLAINTIFF VERSUS ATTORNEY GENERAL………… ………………………………..…. DEFENDANT RULING Upon perusal of this file I do note the following; 1. In the body of the plaint the Plaintiff is claiming for; Shs.721,740.00 Shs. 40,000.00 Shs.140,000.00 TOTAL SHS.901,740/= Of interest is that the figures are not in numerical but WORDS ONLY.
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2. In the prayers sought he seeks general prayers of; i) Compensation ii) Unspecified special damages iii) 30% from 13/8/2010 3. Following the omission to indicate the sum claimed as indicated in (1) and going for general prayers the Court fees was assessed as shs.3,275/= by the Registry which is an under assessment. This is very wrong. 4. The amount in issue falls within the jurisdiction of the Chief Magistrate’s Court. I therefore do not understand why it was filed in this Court. I therefore decline to grant the orders sought as the matter is not properly before me for the reason that proper fees have not been paid. I direct the Senior Deputy Registrar to take up this matter and deal administratively. Secondly I transfer this matter to the Chief Magistrate’s Court for hearing and final determination. DATED, SIGNED AND DELIVERED AT EMBU THIS 6TH DAY OF JUNE 2012. H.I. ONG’UDI JUDGE
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