[2019] KEHC 1023 (KLR)

[2019] KEHC 1023 (KLR)

The court found that the properties in dispute are predominantly located in Narok County, and the applicable law—specifically Section 12(d) of the Civil Procedure Act—requires that suits concerning immovable property be instituted in the court within whose jurisdiction the property is situated. The respondent did not dispute the factual basis regarding the location of the properties. The court further relied on the Practice Directions and the Civil Procedure Rules, which emphasize that the place of suing is determined by law, not by the convenience of the plaintiff or advocates. The court concluded that the High Court at Narok is the proper forum for the hearing and determination of the...

Citation
[2019] KEHC 1023 (KLR)
Parties
Plaintiff: BSO; Defendant: DOO
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
14 November 2019
Case Number
Matrimonial Cause 3 of 2019
Procedural Posture
Matrimonial Cause / Ruling on Application for Transfer of Suit
Outcome
application allowed; suit transferred to Narok High Court
Judges
NA Matheka
Legal Topics
Transfer of Suit, Jurisdiction of Court, Matrimonial Property, Place of Suing
Source Language
English
Civil Procedure Family and Children Transfer of Suit Jurisdiction of Court Matrimonial Property Place of Suing

Case Brief

Summary, issues, holding and outcome

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Parties

BSO

Plaintiff

DOO

Defendant

Procedural Posture

Matrimonial Cause / Ruling on Application for Transfer of Suit

Legal Issues

  1. 1 Whether the suit should be transferred to the High Court of Kenya at Narok for hearing and determination.
  2. 2 Whether the location of the subject properties determines the proper forum for the suit.
  3. 3 Whether the convenience of parties or advocates overrides statutory provisions on jurisdiction.

Ratio Decidendi

The court found that the properties in dispute are predominantly located in Narok County, and the applicable law—specifically Section 12(d) of the Civil Procedure Act—requires that suits concerning immovable property be instituted in the court within whose jurisdiction the property is situated. The respondent did not dispute the factual basis regarding the location of the properties. The court further relied on the Practice Directions and the Civil Procedure Rules, which emphasize that the place of suing is determined by law, not by the convenience of the plaintiff or advocates. The court concluded that the High Court at Narok is the proper forum for the hearing and determination of the...

Court Disposition

application allowed; suit transferred to Narok High Court

Orders

  • The matter is transferred to the High Court of Kenya at Narok for hearing and determination.
  • The reason is to comply with Section 12(d) of the Civil Procedure Act as the properties in issue are within that court’s jurisdiction.