[2000] KEHC 321 (KLR)
The court found that both parties reside in Trans-Nzoia District, the divorce proceedings are pending at Kitale Law Courts, and there are High Courts at Eldoret, Bungoma, and Kakamega, all of which are more convenient than Nairobi. The court held that the suit ought not to have been filed in Nairobi as it would...
Source-derived case information.
- Citation
- [2000] KEHC 321 (KLR)
- Parties
- Plaintiff: Dorcas Andahwa; Defendant: Mathan Washiko Fedha
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 2440 of 1999
- Procedural Posture
- Civil Case / Ruling on Interlocutory Application for Transfer of Suit
- Outcome
- Suit transferred to Bungoma High Court; costs in the cause.
- Judges
- JL Osiemo
- Legal Topics
- Matrimonial Property, Transfer of Suit, Jurisdiction, Injunctions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dorcas Andahwa
Plaintiff
Mathan Washiko Fedha
Defendant
Procedural Posture
Civil Case / Ruling on Interlocutory Application for Transfer of Suit
Legal Issues
- 1 Whether the High Court at Nairobi is the appropriate forum for hearing the matrimonial property dispute between the parties.
- 2 Whether the suit should be transferred to a more convenient High Court closer to the parties' residence.
Ratio Decidendi
The court found that both parties reside in Trans-Nzoia District, the divorce proceedings are pending at Kitale Law Courts, and there are High Courts at Eldoret, Bungoma, and Kakamega, all of which are more convenient than Nairobi. The court held that the suit ought not to have been filed in Nairobi as it would cause unnecessary expense and inconvenience to both parties. Accordingly, the court exercised its discretion to transfer the suit to Bungoma High Court to ensure convenience and reduce costs for the parties.
Court Disposition
Suit transferred to Bungoma High Court; costs in the cause.
Orders
- This suit is transferred to Bungoma High Court forthwith.
- Costs to be in the cause.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL CASE NO.2440 OF 1999
DORCAS ANDAHWA ……………………………………………..PLAINTIFF
VERSUS
MATHAN WASHIKO FEDHA …………………………………….. DEFENDANT
R U L I N G
The parties to this suit are married couples who have stayed together for over 40 years. They have been blessed with children who are of age. Seemingly their love has gone, and a divorce case has been filed in Kitale being D.C. No.4 of 1999. This is unfortunate considering their ages and family.
Counsel for the wife filed a suit in this court by way of originating summons under the Married Women Property Act seeking orders to declare that the family property which includes both moveable and immovable was jointly acquired and that the same be shared equally. The OS was accompanied by an application under certificate of urgency seeking orders that pending the hearing and disposal of this suit the Respondent be restrained from selling charging or transferring various properties named their in. In the meantime counsel for the defendant/Respondent has filed an application by way of chamber summons seeking among others that the arguing of the injunction application be postponed and that the whole suit be transferred to Kakamega High court of Bungoma High court.
Both applications are pending. It was the Plaintiff/applicant’s application which was coming for hearing to day to which counsel for the defendant/respondent applied for adjournment which application was opposed and hence this ruling.
The parties come from Trans-Nzoia District and where they reside. They have filed a divorce cause at Kitale Law courts. There is a High court at Eldoret. Bungoma and Kakamega. This OS ought not to have been filed in the High Court Nairobi in the first place, as it would be expensive and cause a lot of inconveniences for both parties.
Accordingly I order that this suit be transferred to Bungoma High court forthwith. Costs to be in the cause.
2nd February, 2000
J.L.A. OSIEMO
JUDGE