[2025] KEHC 7296 (KLR)

[2025] KEHC 7296 (KLR)

The court found that the transfer of the suit from Maseno Law Courts to Kombewa Law Courts was justified to promote access to justice and convenience for the parties. The High Court exercised its jurisdiction under section 18 of the Civil Procedure Act, noting that there was no objection from the respondents and no...

Source-derived case information.

Citation
[2025] KEHC 7296 (KLR)
Parties
Applicant: Cynthia Agneta Agunda; Respondent: Kenya Kazi Services Limited; Respondent: Protus Nzomo
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Civil Miscellaneous Application 31 of 2025
Procedural Posture
Miscellaneous Application / Ruling on Transfer of Suit
Outcome
Application for transfer of suit allowed.
Judges
A Mabeya
Legal Topics
Transfer of Suit, Jurisdiction of Courts, Access to Justice
Source Language
en
Civil Procedure Transfer of Suit Jurisdiction of Courts Access to Justice

Source-derived case record

Summary, issues, holding and outcome

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Parties

Cynthia Agneta Agunda

Applicant

Kenya Kazi Services Limited

Respondent

Protus Nzomo

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 the transfer of the suit from Maseno Law Courts to Kombewa Law Courts was justified to promote access to justice and convenience for the parties. The High Court exercised its jurisdiction under section 18 of the Civil Procedure Act, noting that there was no objection from the respondents and no evidence of prejudice. The transfer would facilitate the expeditious and fair determination of the matter in a court with proper geographical jurisdiction. The court emphasized the constitutional imperative of access to justice under Article 48, holding that procedural technicalities should not hinder the substantive rights of the parties. Accordingly, the file was withdrawn...

Court Disposition

Application for transfer of suit allowed.

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  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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.