HFC Limited v Kendi & another (Commercial Appeal E379 of 2024) [2026] KEHC 5751 (KLR) (29 April 2026) (Judgment)

HFC Limited v Kendi & another (Commercial Appeal E379 of 2024) [2026] KEHC 5751 (KLR) (29 April 2026) (Judgment)

The Trial Court erred by striking out the suit for lack of territorial jurisdiction without considering concurrent jurisdiction between Nairobi and Eldoret. The appellant was entitled to file in Nairobi, and the respondents should have applied for transfer under Section 17 of the Civil Procedure Act. Striking out the suit denied access to justice.

Citation
[2026] KEHC 5751 (KLR)
Parties
Appellant: HFC Limited; 1st Respondent: Hannington Festus Kendi; 2nd Respondent: Patrick Sitekha Shihalo
Court
High Court
Jurisdiction
Kenya
Judgment Date
29 April 2026
Case Number
Commercial Appeal E379 of 2024
Procedural Posture
Commercial Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Territorial Jurisdiction, Transfer of Suits, Preliminary Objection
Source Language
English
Civil Procedure Commercial Law Territorial Jurisdiction Transfer of Suits Preliminary Objection

Case Brief

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Parties

HFC Limited

Appellant

Hannington Festus Kendi

1st Respondent

Patrick Sitekha Shihalo

2nd Respondent

Procedural Posture

Commercial Appeal / Judgment

Legal Issues

  1. 1 Whether the Trial Court was correct in striking out the suit for lack of territorial jurisdiction

Ratio Decidendi

The Trial Court erred by striking out the suit for lack of territorial jurisdiction without considering concurrent jurisdiction between Nairobi and Eldoret. The appellant was entitled to file in Nairobi, and the respondents should have applied for transfer under Section 17 of the Civil Procedure Act. Striking out the suit denied access to justice.

Court Disposition

appeal allowed

Orders

  • The ruling delivered on 9/12/2024 by Hon. Z.K. Kiboss, RM in MCCOMMSU No. E039 of 2022 and all orders arising therefrom are quashed and set aside.
  • The Notice of Preliminary Objection by the 1st Defendant dated 1st February, 2023 and that of the 2nd Defendant dated 13th January, 2023 are dismissed with costs.