[2018] KEHC 5887 (KLR)

[2018] KEHC 5887 (KLR)

The court held that, guided by section 15 of the Civil Procedure Act, the general principle is that the proper place for instituting a suit is the defendant’s place of business. There was no compelling reason presented to depart from this principle. Accordingly, the application to transfer the suit was allowed,...

Source-derived case information.

Citation
[2018] KEHC 5887 (KLR)
Parties
Applicant: Interconsumer Product Limited; Respondent: Elijah Kariuki Mugereki; Respondent: Purity Wanja Gatebi
Court
High Court
Court Station
High Court at Kisii
Jurisdiction
Kenya
Case Number
Miscellaneous Application 22 of 2018
Procedural Posture
Miscellaneous Application / Ruling on Application to Transfer Suit
Outcome
Application allowed; no order as to costs.
Judges
DAS Majanja
Legal Topics
Transfer of Suit, Jurisdiction, Place of Suing
Source Language
en
Civil Procedure Transfer of Suit Jurisdiction Place of Suing

Source-derived case record

Summary, issues, holding and outcome

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Parties

Interconsumer Product Limited

Applicant

Elijah Kariuki Mugereki

Respondent

Purity Wanja Gatebi

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Transfer Suit

Legal Issues

  1. 1 Whether the suit Kisii CMCC No. 390 of 2017 should be transferred to the Chief Magistrate’s Court in Milimani.
  2. 2 Whether the place of suing should be determined by the defendant’s place of business.

Ratio Decidendi

The court held that, guided by section 15 of the Civil Procedure Act, the general principle is that the proper place for instituting a suit is the defendant’s place of business. There was no compelling reason presented to depart from this principle. Accordingly, the application to transfer the suit was allowed, ensuring that the matter would be heard in the appropriate forum as dictated by statute.

Court Disposition

Application allowed; no order as to costs.

Orders

  • Kisii CMCC No. 390 of 2017 is transferred to the Chief Magistrate’s Court in Milimani.
  • No order as to costs.