[2013] KEHC 4441 (KLR)
The court found that the applicant failed to provide credible or sufficient grounds to justify the transfer of suit No. 16/2012 from Kwale Kadhi’s Court to Mombasa. The allegation that the Kadhi was related to the respondent was unsupported and, by the applicant's own admission, unverified. The court held that mere...
Source-derived case information.
- Citation
- [2013] KEHC 4441 (KLR)
- Parties
- Applicant: Issa Ahamed Abedi; Respondent: Mwanamisi Mwalimu
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 3 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit
- Outcome
- application dismissed
- Judges
- JV Juma
- Legal Topics
- Transfer of Suit, Jurisdiction of Kadhis Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Issa Ahamed Abedi
Applicant
Mwanamisi Mwalimu
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether sufficient grounds exist to warrant the transfer of suit No. 16/2012 from Kwale Kadhi’s Court to Mombasa.
- 2 Whether the alleged relationship between the Kadhi and the respondent justifies transfer of the suit.
Ratio Decidendi
The court found that the applicant failed to provide credible or sufficient grounds to justify the transfer of suit No. 16/2012 from Kwale Kadhi’s Court to Mombasa. The allegation that the Kadhi was related to the respondent was unsupported and, by the applicant's own admission, unverified. The court held that mere allegations, without substantiation, do not meet the threshold required for transfer of a suit. Consequently, the application was dismissed for lack of merit.
Court Disposition
application dismissed
Orders
- The application for transfer is dismissed.
- Each party to bear its own costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
Civil Miscellaneous Application 3 of 2013 [if !mso]> <style> v:* {behavior:url(#default#VML);} o:* {behavior:url(#default#VML);} w:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);} </style> <![endif]
ISSA AHAMED ABEDI………………………….………………APPLICANT
VERSUS
MWANAMISI MWALIMU….....……..………………………RESPONDENT
RULING
I have considered this application for transfer of suit No. 16/2012 from Kwale Kadhi’s Court to Mombasa. I find no merit in the same. The claim that the Kadhi is related to the respondent is a mere allegation. Indeed in his affidavits the applicant concedes that he does not know whether this is true or not.
I decline to allow the transfer as no good grounds have been advanced. The application is hereby dismissed. Each party to bear its own costs.
Dated and delivered in Mombasa this 11th day of March, 2013.
M. ODERO
JUDGE
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