[2023] KEHC 26835 (KLR)
The court allowed the application for transfer of Winam SPMCC E176 of 2023 to Nairobi Chief Magistrate’s Court, Children’s Court at Milimani, on the basis that there was no objection to the application and the transfer was necessary for the hearing and determination of the matter. The court exercised its discretion...
Source-derived case information.
- Citation
- [2023] KEHC 26835 (KLR)
- Parties
- Applicant: Alpra Limited; Respondent: Irene Akinyi Ochieng
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E188 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit
- Outcome
- application allowed; suit transferred; no order as to costs
- Judges
- RE Aburili
- Legal Topics
- Transfer of Suit, Jurisdiction, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alpra Limited
Applicant
Irene Akinyi Ochieng
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether Winam SPMCC E176 of 2023 should be transferred to Nairobi Chief Magistrate’s Court, Children’s Court at Milimani for hearing and determination.
Ratio Decidendi
The court allowed the application for transfer of Winam SPMCC E176 of 2023 to Nairobi Chief Magistrate’s Court, Children’s Court at Milimani, on the basis that there was no objection to the application and the transfer was necessary for the hearing and determination of the matter. The court exercised its discretion under the Civil Procedure Act to order the transfer and directed that the file be moved expeditiously to ensure priority hearing at the new venue. No order as to costs was made.
Court Disposition
application allowed; suit transferred; no order as to costs
Orders
- Winam SPMCC E176 of 2023 is transferred to Nairobi Chief Magistrate’s Court, Children’s Court at Milimani for hearing and final determination.
- No order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
Alpra Limited v Ochieng (Miscellaneous Application E188 of 2023) [2023] KEHC 26835 (KLR) (18 December 2023) (Ruling)
Neutral citation: [2023] KEHC 26835 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Application E188 of 2023
RE Aburili, J
December 18, 2023
Between
Alpra Limited
Applicant
and
Irene Akinyi Ochieng
Respondent
Ruling
1. As there is no objection to the application dated 30th October 2023 seeking for transfer of Winam SPMCC no E176 of 2023 being transferred to Nairobi Chief Magistrate’s Court at Milimani for hearing and determination, prayer no 1 of the Notice of Motion dated 30th October 2023 is allowed.
2. Winam SPMCC E176 of 2023 be and is hereby transferred to Nairobi Chief Magistrate’s Court, Children’s Court at Milimani for hearing and final determination.
3. I make no orders as to costs.
4. The order to be extracted and served on Senior Principal Magistrate Winam to ensure the file in issue is expeditiously transferred to Milimani Chief Magistrate’s Children’s Court to be heard on priority basis.
5. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 18TH DAY OF DECEMBER, 2023R. E. ABURILIJUDGE