[2025] KEHC 6564 (KLR)

[2025] KEHC 6564 (KLR)

The court found that, in the interest of access to justice as enshrined in Article 48 of the Constitution, and pursuant to the powers conferred by section 18 of the Civil Procedure Act, it was appropriate to transfer the suit from Maseno Law Courts to Kombewa Law Courts. The court considered the geographical...

Source-derived case information.

Citation
[2025] KEHC 6564 (KLR)
Parties
Applicant: Benard Oriwo Achar; Respondent: David Silvester Owino Ojigo; Respondent: William Otieno
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Civil Miscellaneous Application 9 of 2025
Procedural Posture
Miscellaneous Application / Ruling on Transfer of Suit
Outcome
Application for transfer of suit allowed; file transferred to Kombewa Law Courts.
Judges
A Mabeya
Legal Topics
Transfer of Suit, Jurisdiction of Courts, Access to Justice
Source Language
english
Civil Procedure Transfer of Suit Jurisdiction of Courts Access to Justice

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Parties

Benard Oriwo Achar

Applicant

David Silvester Owino Ojigo

Respondent

William Otieno

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Transfer of Suit

Legal Issues

  1. 1 Whether the High Court should transfer the suit from Maseno Law Courts to Kombewa Law Courts for hearing and determination.
  2. 2 Whether the transfer is necessary to promote access to justice under Article 48 of the Constitution.

Ratio Decidendi

The court found that, in the interest of access to justice as enshrined in Article 48 of the Constitution, and pursuant to the powers conferred by section 18 of the Civil Procedure Act, it was appropriate to transfer the suit from Maseno Law Courts to Kombewa Law Courts. The court considered the geographical jurisdiction and convenience for the parties, and determined that the transfer would facilitate a fair and efficient hearing and determination of the matter. There being no objection from the respondents, the court exercised its discretion to order the transfer and directed that the matter be mentioned before the Head of Station at Kombewa Law Court for further directions.

Court Disposition

Application for transfer of suit allowed; file transferred to Kombewa Law Courts.

Orders

  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
  • Mention on 3/6/2025 before the Head of Station, Kombewa Law Court for further directions.