[2015] KEHC 3964 (KLR)
The court found that the applicant failed to provide any credible evidence to support the allegations of collusion or to justify the re-transfer of the suit from Moyale to Nairobi. The court emphasized that the original transfer order was made at the applicant's own instigation and that there is no legal basis for...
Source-derived case information.
- Citation
- [2015] KEHC 3964 (KLR)
- Parties
- Applicant: Burka Judda Bake; Defendant: Mohammed Ibrahim Shire; Respondent: Attorney General
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 49 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Re Transfer Suit
- Outcome
- application dismissed
- Judges
- FM Njoroge
- Legal Topics
- Transfer of Suit, Forum Shopping, Review of Judicial Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Burka Judda Bake
Applicant
Mohammed Ibrahim Shire
Defendant
Attorney General
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Re Transfer Suit
Legal Issues
- 1 Whether the court should re-transfer the suit from Moyale Law Courts back to Nairobi for trial.
- 2 Whether the applicant has provided sufficient grounds to review or overturn the previous transfer order.
- 3 Whether allegations of collusion without evidence can justify the orders sought.
Ratio Decidendi
The court found that the applicant failed to provide any credible evidence to support the allegations of collusion or to justify the re-transfer of the suit from Moyale to Nairobi. The court emphasized that the original transfer order was made at the applicant's own instigation and that there is no legal basis for reviewing or overturning a decision made by a judge of concurrent jurisdiction. The application was therefore dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application dated 6th October 2014 is dismissed.
- There is no order as to costs.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
MISC. APPLICATION NO. 49 OF 2014
BURKA JUDDA BAKE.............................................................PLAINTIFF
VERSUS
MOHAMMED IBRAHIM SHIRE........................................1ST DEFENDANT
ATTORNEY GENERAL..................................................2ND RESPONDENT
R U L I N G
This application is dated 6th October, 2014. It seeks the following orders:
THATthis Honourable court do certify this Application as urgent and the same be heard ex-parte in the first instance.
THATthis Honourable court be pleased to re-transfer this matter previously under Nairobi CMCC No.727 of 2002 which case had been transferred to Moyale Law courts on 16th June 2004 back to Nairobi for a fair and speedy trial.
THATcost of this application be in the cause.
It has the following grounds:
(a) THAT this matter had on 16th June, 2004 been transferred to Moyale Law Courts for a fair and speedy trial
(b) THAT my efforts to have the same be given a case number and proceed for hearing has been fruitless.
(c) THAT unless the orders sought herein are granted then I stand to suffer loss and damages.
This court notes that it was at the instigation of the applicant in Milimani Commercial Courts Misc. Case No.316 of 2004, that the Hon. Justice Azangalala, J, on 16th June 2004 ordered that the defendant's suit in Milimani Chief Magistrate's Court Civil Case No. 727 of 2002 be transferred to Moyale Court for trial and disposal. He now wants the case to be returned to Nairobi.
In paragraph 7 of his supporting affidavit, the applicant has alleged collusion between the defendants and judicial authorities at Moyale. This is a serious allegation for which he has proffered no iota of verifying evidence. I agree with Mr. Kieti, for the A. G., for the 2nd defendant, that the plaintiff is merely engaging himself on a veritable forum shopping fishing expedition.
I cannot overrule a decision made by a Judge whole jurisdiction is horizontal to mine. The applicant may have to make his application in Nairobi. However, I do not find any basis for reviewing the decision of the Hon. Justice Angalala, J, to transfer this suit to Moyale. In any case, the decision was made at the applicant's instigation.
In the circumstances, the applicant's application dated 6th October 2014 is dismissed with no order as to costs.
DELIVERED in Open Court at Meru this 22nd day of April, 2015 in the presence of:
Cc. Daniel
Burka Judda Bake – the applicant
P. M. NJOROGE
JUDGE