[2022] KEHC 592 (KLR)
The court found that the matter was inadvertently filed before the Siaya High Court and that it relates to Nakuru HC CC 404/2012. In the interest of justice and proper administration, the court directed that the matter be transferred to the Nakuru High Court for directions and disposal. The Siaya High Court thus...
Source-derived case information.
- Citation
- [2022] KEHC 592 (KLR)
- Parties
- Applicant: Geoffrey Yogo, Eric Ojuro t/a Otieno, Yogo, Ojuro & Co. Advocates; Respondent: Dominion Farms Limited
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application EO55 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Transfer of Suit
- Outcome
- Matter transferred to Nakuru High Court; Siaya file closed.
- Judges
- RE Aburili
- Legal Topics
- Transfer of Suit, Jurisdiction, Court Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Yogo, Eric Ojuro t/a Otieno, Yogo, Ojuro & Co. Advocates
Applicant
Dominion Farms Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Transfer of Suit
Legal Issues
- 1 Whether the matter should be transferred from Siaya High Court to Nakuru High Court for proper disposal.
- 2 Whether the current court has jurisdiction to continue hearing the matter.
Ratio Decidendi
The court found that the matter was inadvertently filed before the Siaya High Court and that it relates to Nakuru HC CC 404/2012. In the interest of justice and proper administration, the court directed that the matter be transferred to the Nakuru High Court for directions and disposal. The Siaya High Court thus closed its file, having determined that it was not the proper forum for the matter.
Court Disposition
Matter transferred to Nakuru High Court; Siaya file closed.
Orders
- This matter is transferred to Nakuru High Court for directions and disposal as it relates to Nakuru HC CC 404/2012.
- This file is closed from Siaya.
Full Case Text
Judgment text and source record
18 paragraphs
Geoffrey Yogo, Eric Ojuro t/a Otieno, Yogo, Ojuro & Co. Advocates v Dominion Farms Limited (Miscellaneous Civil Application EO55 of 2021) [2022] KEHC 592 (KLR) (4 May 2022) (Ruling)
Neutral citation: [2022] KEHC 592 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Civil Application EO55 of 2021
RE Aburili, J
May 4, 2022
Between
Geoffrey Yogo, Eric Ojuro t/a Otieno, Yogo, Ojuro & Co. Advocates
Applicant
and
Dominion Farms Limited
Respondent
Ruling
1. Upon hearing counsel for the applicant on the transfer of this matter to Nakuru High Court as it was inadvertently filed before this court, I hereby direct that this matter be transferred to Nakuru High Court for directions and disposal as it relates to Nakuru HC CC 404/2012.
2. Orders accordingly.
3. This file is closed from Siaya.
DATED, SIGNED AND DELIVERED AT SIAYA IN OPEN COURT, THIS 4TH DAY OF MAY 2022R.E. ABURILIJUDGE