1. Ruling on Jurisdiction:
2. The matter was transferred from the ELC. This court directed the parties to file submissions on the issue of jurisdiction of the High Court.
3. Counsel for the applicant did not appear, and failed to file submissions as directed by this court.
4. Counsel for the respondent submitted that this court has no jurisdiction to hear matters transferred from the specialized courts.
5. Counsel relied on Republic v Karisa Chengo SCP No. 5 of 2015 to the effect of the constitutional make up and structure of the court prevents the High Court from dealing with matters emanating and transferred to it from the ELC.
6. Having considered the above, I am persuaded that there can be no transfer of a suit from a judge of a specialized court to judge of the High Court, or vice versa. This court may not, in the circumstances, proceed to deal with the matters emanating from transfer.
7. The file is marked as closed.
2. The matter was transferred from the ELC. This court directed the parties to file submissions on the issue of jurisdiction of the High Court.
3. Counsel for the applicant did not appear, and failed to file submissions as directed by this court.
4. Counsel for the respondent submitted that this court has no jurisdiction to hear matters transferred from the specialized courts.
5. Counsel relied on Republic v Karisa Chengo SCP No. 5 of 2015 to the effect of the constitutional make up and structure of the court prevents the High Court from dealing with matters emanating and transferred to it from the ELC.
6. Having considered the above, I am persuaded that there can be no transfer of a suit from a judge of a specialized court to judge of the High Court, or vice versa. This court may not, in the circumstances, proceed to deal with the matters emanating from transfer.
7. The file is marked as closed.