[2017] KEHC 2579 (KLR)
The court found that although both parties are domiciled in Busia County and the Busia High Court would ordinarily be a proper forum, the Busia court is already adjudicating over other matters involving the same parties. Transferring the suit would not serve the interests of justice or judicial efficiency. The...
Source-derived case information.
- Citation
- [2017] KEHC 2579 (KLR)
- Parties
- Applicant: Busia Sugar Industry Limited; Respondent: West Kenya Sugar Company Limited
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application 4 of 2016
- Procedural Posture
- Judicial Review Miscellaneous Application / Ruling on Application for Transfer of Suit
- Outcome
- application for transfer declined; suit to proceed at Kitale High Court
- Judges
- HK Chemitei
- Legal Topics
- Transfer of Suit, Forum Non Conveniens, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Busia Sugar Industry Limited
Applicant
West Kenya Sugar Company Limited
Respondent
Procedural Posture
Judicial Review Miscellaneous Application / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the suit should be transferred from Kitale High Court to Busia High Court for determination.
- 2 Whether the Busia High Court is the proper forum given the parties' domicile and pending related matters.
- 3 Whether the application for transfer constitutes an abuse of court process.
Ratio Decidendi
The court found that although both parties are domiciled in Busia County and the Busia High Court would ordinarily be a proper forum, the Busia court is already adjudicating over other matters involving the same parties. Transferring the suit would not serve the interests of justice or judicial efficiency. The Kitale High Court, having countrywide jurisdiction, is competent to hear and determine the matter. The application for transfer was therefore declined to avoid duplicity and potential abuse of process. The court emphasized that the substantive issue—whether the respondent should be estopped from filing further suits without leave—can be efficiently determined at Kitale.
Court Disposition
application for transfer declined; suit to proceed at Kitale High Court
Orders
- The application for transfer of the suit to Busia High Court is declined.
- The matter shall proceed at Kitale High Court to its logical conclusion.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
JUDICIAL REVIEW MISCELLANEOUS CIVIL APPLICAITON NO. 4 OF 2016
AN APPLICATION BY BUSIA INDUSTRY LIMITED
THE EXPARTE APPLICANT, FOR LEAVE TO APPLY FOR AN ORDER OF PROHIBITION AND MANDAMUS
AND
IN THE MATTER OF THE FAIR ADMINSTRATIVE ACTION ACT NO. 4 OF 2015
AND
IN THE MATTER OF FRIVOLOUS AND VEXATIOUS INSTITUTION OF SUITS AGAINST BUSIA SUGAR INDUSTRY LIMITED BY WEST KENYA SUGAR INDUSTRY LIMITED AND ITS PROXIES
AND
IN THE MATTER OF ABUSE OF THE COURT PROCESS
BUSIA SUGAR INDUSTRY LIMITED..........................................................APPLICANT
VERSUS
WEST KENYA SUGAR COMPANY LIMITED .........................................RESPONDENT
R U L I N G
1. The Applicant /Respondent application dated 18/7/2017 prays that this case be transferred to Busia High Court for determination. The same is supported by the affidavit of one Tejveer Singh Rai its Managing Director dated 18th July 2017.
2. When the matter came up for hearing both parties agreed to submit orally which submissions I have carefully perused. It appears from the facts on record that there has been various suits litigated before both parties herein. The same have been litigated in Nairobi, Busia, Kisumu, Kakamega, Bungoma and now Kitale. Some of the matters have ended up in the Court of Appeal.
3. What the applicant state herein is that because the parties are domiciled in Busia County, the proper forum would be Busia High Court. On the other hand the respondent state that the Busia Court is already adjudicating over other matters between them and therefore for objectively proposes this court ought to hear this application.
4. It is admitted of course by the facts that this court has country wide jurisdiction. I have perused the pleadings in this matter and the several attachments which are actually pending, completed or partially heard matter between the parties herein.
5. I am of the considered opinion that this suit would be properly adjudicated here at Kitale for the simple reason that the court in Busia is already adjudicating over other matters concerning the parties. In any case the substantive prayer in this “sugar wars” is whether the respondent should be estopped from filing suits against the respondent unless leave of the court is obtained. In my view the applicant is straight clear and need not spent a lot of time and resources.
6. In the premises the application is declined. Let this matter proceed here at Kitale High Court to its logical conclusion.
Costs of this application shall abide the outcome of the substantive application.
Delivered, signed and dated on this 9th day of October 2017 at Kitale.
In the presence of;
Hassan for the Petitioner
No appearance for the Respondent
Court:Ruling read in open court.
________________
H.K. CHEMITEI
JUDGE
9/10/17