The Applicant in the application dated 23.03.2023 seeks to transfer the suit filed by the Respondent from the Small Claims Court to the Magistrates court on the ground that the value of the counterclaim exceeds the jurisdiction of the Small Claims court. Rule 14(1) of the Small Claims Court Rules gives a party who wishes to lodge a counterclaim various options which the Applicant is entitled to exercise. It may abandon the counterclaim, waive so much of the counterclaim that exceeds the jurisdiction of the Small Claims Court or file suit in the Magistrates Court.
The Application has not exercised those option hence the application is dismissed with no order as to costs in light of Rule 14(1) of the Small Claims Court Rules.
DATED and DELIVERED at NAIROBI this 30th day of MARCH 2023
D. S. MAJANJA
JUDGE