[2015] KEHC 3304 (KLR)
The court, noting the oral application by the defendant's counsel and the lack of opposition from the plaintiff's counsel, as well as the consent of both parties, exercised its discretion to transfer the suit to Isiolo Law Courts for hearing and determination. The transfer was also made on the court's own volition,...
Source-derived case information.
- Citation
- [2015] KEHC 3304 (KLR)
- Parties
- Plaintiff: Ibrahim Hussein; Defendant: The County of Isiolo (through the County Clerk Isiolo)
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 43 of 2013
- Procedural Posture
- Land and Environment Case / Application for Transfer of Suit
- Outcome
- Suit transferred to Isiolo Law Courts for hearing and determination by consent of parties and court's own motion.
- Judges
- FM Njoroge
- Legal Topics
- Transfer of Suit, Jurisdiction, Venue of Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ibrahim Hussein
Plaintiff
The County of Isiolo (through the County Clerk Isiolo)
Defendant
Procedural Posture
Land and Environment Case / Application for Transfer of Suit
Legal Issues
- 1 Whether the suit should be transferred to Isiolo Law Courts for hearing and determination.
Ratio Decidendi
The court, noting the oral application by the defendant's counsel and the lack of opposition from the plaintiff's counsel, as well as the consent of both parties, exercised its discretion to transfer the suit to Isiolo Law Courts for hearing and determination. The transfer was also made on the court's own volition, recognizing that the Isiolo Law Courts are the appropriate venue for the matter.
Court Disposition
Suit transferred to Isiolo Law Courts for hearing and determination by consent of parties and court's own motion.
Orders
- This suit is transferred to Isiolo Law Courts for hearing and determination.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
E & L CASE NO 43 OF 2013
IBRAHIM HUSSEIN........................................................PLAINTIFF
VERSUS
THE COUNTY OF ISIOLO
(THRO THE COUNTY CLERK ISIOLO)............................DEFENDANT
R U L I N G
On 20/07/2015, an Oral Application by Mr. Muthamia, holding brief for Mr. Ndubi for the Defendant, to transfer this suit to Isiolo Law Courts for hearing and determination was made. Mr. Mutura, for the Defendant, said that he was not opposed to the application and intimated to the Court that the suit should be transferred to Isiolo Law Courts.
In the Circumstances, by consent of the Parties and also on this Courts own volition, this suit is transferred to Isiolo Law Courts for hearing and determination.
It is so ordered.
Delivered in Open Court at Meru this 20th day of July, 2015 in the presence of:
Daniel/Lilian
Muthamia holding brief Ndubi for Plaintiff
Mutura for Defendant.
P.M. NJOROGE
JUDGE