[2011] KEHC 4313 (KLR)
The court found that the subject matter of the suit is land situated in Eldoret and that the defendant and his witnesses reside in Eldoret. The agreement of sale was signed in Eldoret. The court held that, for convenience and in accordance with Order XLVI Rule 5 of the Civil Procedure Rules, it is justified to...
Source-derived case information.
- Citation
- [2011] KEHC 4313 (KLR)
- Parties
- Plaintiff: Emom Tea Estate Ltd; Defendant: Yobes Onsando Ondieki
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 413 of 2010
- Procedural Posture
- Civil Suit / Ruling on Application for Transfer of Suit
- Outcome
- Application for transfer of suit granted.
- Judges
- GG Okwengu
- Legal Topics
- Transfer of Suit, Jurisdiction of Court, Convenience of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emom Tea Estate Ltd
Plaintiff
Yobes Onsando Ondieki
Defendant
Procedural Posture
Civil Suit / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the High Court at Nairobi should transfer the suit to the Eldoret District Registry.
- 2 Whether the location of the suit property and residence of parties justify transfer for convenience.
Ratio Decidendi
The court found that the subject matter of the suit is land situated in Eldoret and that the defendant and his witnesses reside in Eldoret. The agreement of sale was signed in Eldoret. The court held that, for convenience and in accordance with Order XLVI Rule 5 of the Civil Procedure Rules, it is justified to transfer the proceedings to the Eldoret District Registry. The court directed the Deputy Registrar to forward the file to Eldoret for further proceedings, with costs in the cause.
Court Disposition
Application for transfer of suit granted.
Orders
- The Deputy Registrar shall forward the file to Eldoret District Registry for proceedings to continue in Eldoret.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
LAND AND ENVIRONMENTAL LAW DIVISION
CIVIL SUIT (ELC) NO.413 OF 2010
EMOM TEA ESTATE LTD.............................................................................................................PLAINTIFF
VERSUS
YOBES ONSANDO ONDIEKI....................................................................................................DEFENDANT
R U L I N G
1. By a notice of motion dated 15th September, 2010, Yobes Onsando Ondieki who is the defendant seeks an order that the trial of the plaintiff’s suit and all applications in respect thereof do take place in Eldoret District Registry of the High Court. The applicant contends that the suit property which is Eldoret Municipality Block 9/2558, is situated in Eldoret, and the applicant and applicant’s witnesses all reside in Eldoret.
2. The plaintiff Emom Tea Estates Ltd objects to the application. Counsel for the plaintiff has submitted that there is no legal provision for transfer of a suit from one High Court to another. Counsel further submits that the cause of action which is anchored on a guarantee arose in Nairobi where the guarantee was signed. It was further maintained that the proceeds of the sale of the suit property are being held by an advocate in Nairobi.
3. I have given due consideration to this application. I have also carefully perused the pleadings. It is clear to me that the subject of the suit is land parcel known as Eldoret Municipality Block 9/2558 which is situated in Eldoret. The respondent is challenging the transfer of this land parcel to the defendant. It is evident from the agreement of sale exhibited by the respondent as an annexure to the affidavit sworn in support of the originating summons that the defendant resides in Eldoret and signed the agreement in respect of the sale of the suit property in Eldoret. There is therefore justification for this court to act in accordance with Order XLVI Rule 5 of the Civil Procedure Rules 2010) by directing that the proceedings in regard to this suit be conducted in Eldoret as it would be more convenient taking into account the circumstances of the matter.
4. Accordingly I give directions that the Deputy Registrar of this court shall forward this file to Eldoret District Registry for the proceedings to continue in Eldoret. Costs shall be in the cause.
Dated and delivered this 4th day of February, 2011
H. M. OKWENGU
JUDGE
In the presence of: -
Gachie H/B for Ms Githii for the plaintiff/respondent
Nyachero for the defendant/applicant
B. Kosgei - Court clerk