[2025] KEHC 7540 (KLR)

[2025] KEHC 7540 (KLR)

The court found that, in order to promote access to justice as guaranteed by Article 48 of the Constitution, and in exercise of its powers under 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 7540 (KLR)
Parties
Plaintiff: Jane Atieno Adela; Defendant: Kisumu Concrete Ltd; Defendant: Alex Ogembo
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Civil Miscellaneous Application 15 of 2025
Procedural Posture
Miscellaneous Application / Ruling on Transfer of Suit
Outcome
Application for transfer of suit allowed; suit transferred to Kombewa Law Courts; file marked as closed.
Judges
A Mabeya
Legal Topics
Transfer of Suit, Jurisdiction, Access to Justice
Source Language
en
Civil Procedure Transfer of Suit Jurisdiction Access to Justice

Source-derived case record

Summary, issues, holding and outcome

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Parties

Jane Atieno Adela

Plaintiff

Kisumu Concrete Ltd

Defendant

Alex Ogembo

Defendant

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 order to promote access to justice as guaranteed by Article 48 of the Constitution, and in exercise of its powers under 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 of both courts and determined that the transfer would facilitate the hearing and determination of the matter in the most suitable forum. There being no opposition to the application, the court allowed 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; suit transferred to Kombewa Law Courts; file marked as closed.

Orders

  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
  • Mention on 9/6/2025 before the Head of Station, Kombewa Law Court for further directions.