[1999] KEHC 151 (KLR)
The court found that although the suit is based on a commercial transaction involving a charge, it also seeks declaratory and injunctive reliefs, which are not exclusively commercial. The matter has been pending for hearing for a considerable period, and transferring it at this stage would likely cause further...
Source-derived case information.
- Citation
- [1999] KEHC 151 (KLR)
- Parties
- Plaintiff: Jacinta Awiti Obogo; Defendant: Savings & Loans (K) Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 433 of 1993
- Procedural Posture
- Civil Case / Ruling on Application for Transfer of Suit
- Outcome
- application dismissed with costs
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Transfer of Suit, Injunctions, Declaratory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacinta Awiti Obogo
Plaintiff
Savings & Loans (K) Ltd
Defendant
Procedural Posture
Civil Case / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the suit should be transferred to the commercial court for hearing.
- 2 Whether the nature of the suit justifies its transfer as a commercial matter.
- 3 Whether transfer would cause undue delay or prejudice to the parties.
Ratio Decidendi
The court found that although the suit is based on a commercial transaction involving a charge, it also seeks declaratory and injunctive reliefs, which are not exclusively commercial. The matter has been pending for hearing for a considerable period, and transferring it at this stage would likely cause further delay. The court held that the defendant retains the right to seek appropriate orders if the plaintiff is abusing the injunction. Therefore, the interests of justice are best served by refusing the transfer application and allowing the suit to proceed in its current forum.
Court Disposition
application dismissed with costs
Orders
- The application for transfer of the suit to the commercial court is refused and dismissed with costs.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO. 433 OF 1993 JACINTA AWITI OBOGO....................................................PLAINTIFF VERSUS SAVINGS & LOANS (K) LTD.........................................DEFENDANT
R U L I N G
The defendant seeks a transfer of this suit to the commercial court for hearing as the same is said to be commercial in nature. The application is opposed.
It is true that the foundation in these proceedings is a charge said to have been executed by one Margaret Obaso. However there are two orders sought i.e a declaration and an injunction, which broadly puts this matter among any commercial transaction in normal life.
Further to the foregoing, this suit is and has been due for hearing for some time now. If transferred, more delay may occur. If on the other had the plaintiff appears to be taking advantage of an injunction order granted herein, the defendant is at liberty to move the court for appropriate orders. The application is therefore refused and dismissed with costs.
Order accordingly.
Dated and delivered at Nairobi this 29th day of January, 1999.
A. MBOGHOLI MSAGHA
JUDGE