[2022] KEHC 406 (KLR)

[2022] KEHC 406 (KLR)

The court determined that since the original suit is before the Employment and Labour Relations Court (ELRC) at Kisumu, and the present application was inadvertently filed before the High Court at Siaya, the High Court lacks jurisdiction to entertain the matter. Accordingly, the file must be transferred to the ELRC...

Source-derived case information.

Citation
[2022] KEHC 406 (KLR)
Parties
Applicant: T/A Otieno, Yogo, Ojuro & Co. Advocates; Respondent: Dominion Farms Limited
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Case E051 of 2021
Procedural Posture
Miscellaneous Civil Case / Ruling on Transfer of Suit
Outcome
Matter transferred to Kisumu Employment and Labour Relations Court; closed from Siaya High Court.
Judges
RE Aburili
Legal Topics
Transfer of Suit, Jurisdiction, Court Procedure
Source Language
en
Civil Procedure Transfer of Suit Jurisdiction Court Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

T/A Otieno, Yogo, Ojuro & Co. Advocates

Applicant

Dominion Farms Limited

Respondent

Procedural Posture

Miscellaneous Civil Case / Ruling on Transfer of Suit

Legal Issues

  1. 1 Whether the High Court at Siaya has jurisdiction to hear a matter whose original suit is before the Employment and Labour Relations Court.
  2. 2 Whether the file should be transferred to the appropriate court for further directions and disposal.

Ratio Decidendi

The court determined that since the original suit is before the Employment and Labour Relations Court (ELRC) at Kisumu, and the present application was inadvertently filed before the High Court at Siaya, the High Court lacks jurisdiction to entertain the matter. Accordingly, the file must be transferred to the ELRC at Kisumu for further directions and disposal. The High Court at Siaya therefore closed the matter from its registry and directed the transfer of the file to the appropriate court.

Court Disposition

Matter transferred to Kisumu Employment and Labour Relations Court; closed from Siaya High Court.

Orders

  • The file is to be placed before Kisumu Employment and Labour Relations Court for further directions and disposal.
  • The matter is closed from Siaya High Court.