[2025] KEHC 6846 (KLR)

[2025] KEHC 6846 (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 granted 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 6846 (KLR)
Parties
Plaintiff: Richard Ajuoga; Defendant: Fredrick Omondi Ochieng; Defendant: Rispa Achieng Ochieng
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Civil Miscellaneous Application 2 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 closed at High Court.
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

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Richard Ajuoga

Plaintiff

Fredrick Omondi Ochieng

Defendant

Rispa Achieng Ochieng

Defendant

Procedural Posture

Miscellaneous Application / Ruling on Transfer of Suit

Legal Issues

  1. 1 Whether the suit should be transferred 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 granted 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 and convenience for the parties, and determined that the transfer would facilitate a fair and expeditious hearing. There being no opposition to the application, the court exercised its discretion to order the transfer and marked the file as closed at the High Court level.

Court Disposition

Application for transfer of suit allowed; suit transferred to Kombewa Law Courts; file closed at High Court.

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  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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