[2006] KEHC 2265 (KLR)
The court held that under Order 46 of the Civil Procedure Rules, it has the authority to transfer a suit from one District Registry to another, including to the Central Registry at Nairobi. The court found that both parties conduct business in Nairobi, the defendant resides and carries on business there, and the...
Source-derived case information.
- Citation
- [2006] KEHC 2265 (KLR)
- Parties
- Plaintiff: Jazira Agencies Nairobi Ltd; Defendant: Hassan Ahmed Zubedi
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Case 602 of 2000
- Procedural Posture
- Civil Case / Ruling on Application for Transfer of Suit
- Outcome
- Application allowed; suit transferred to Nairobi Central Registry.
- Legal Topics
- Transfer of Suit, Venue of Trial, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jazira Agencies Nairobi Ltd
Plaintiff
Hassan Ahmed Zubedi
Defendant
Procedural Posture
Civil Case / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the High Court has power to transfer a suit from one District Registry to another under Order 46 of the Civil Procedure Rules.
- 2 Whether the suit should be transferred from Mombasa to Nairobi Central Registry for trial.
Ratio Decidendi
The court held that under Order 46 of the Civil Procedure Rules, it has the authority to transfer a suit from one District Registry to another, including to the Central Registry at Nairobi. The court found that both parties conduct business in Nairobi, the defendant resides and carries on business there, and the cause of action arose in Nairobi. The court also considered that both parties would suffer inconvenience if the trial were held in Mombasa. Accordingly, the court exercised its discretion to transfer the suit to the Nairobi Central Registry for allocation before a Duty Judge.
Court Disposition
Application allowed; suit transferred to Nairobi Central Registry.
Orders
- The suit is transferred to the Nairobi Central Registry to be placed before the Duty Judge for allocation.
- Costs to the cause.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA
Civil Case 602 of 2000
JAZIRA AGENCIES NAIROBI LTD ………………………… PLAINTIFF
VERSUS
HASSAN AHMED ZUBEDI ……………………………… DEFENDANT
R U L I N G
Application dated 2. 3.02 seeking orders to transfer this suit to Nairobi under Order 46 CPC Rules was filed by the Defendant. I have perused the provisions of Order 46 and I am of the view that this High Court has power to move a High Court suit from one District Registry to another even to the Central Registry at Nairobi. These powers are not governed by Section 18 of the Civil Procedure Act, which deals with transfer of suit from one subordinate to another by the High Court. I have perused the grounds on which the application is based and I am satisfied that it is proper for this suit to be transported to Central Registry at Nairobi to be placed before Duty Judge for allocation. Order 46(1) states: “Every suit in the High Court may be instituted at Central Registry in Nairobi or in a District Registry. All the proceedings shall be taken in the District where the Defendant carries on business. Rule 5 empowers court to direct the place of trial. These provisions are not in contravention with provisions of Civil Procedure Act. Section 14 provides for with institution of suit where the defendant renders or carries on business but the plaintiff at his option may institute suit where the defendant resides or where business is carried on if there are in two different Districts. Rule 15 also provides for the filing of suit where the defendant resides or carries on business or cause of action arises.” In this case, the defendant renders and carries on business in Nairobi. The plaintiff is a limited liability company having its registered office in Nairobi and they as well as defendant will suffer inconvenience if the trial is in Mombasa. The applicant swears that the cause of action arose in Nairobi and was to be performed in Nairobi. The respondent swears that some of the dealings were to be performed in Mombasa. In the circumstances, I am of the view the suit should be tried in Nairobi Central Registry and I so order. The application is allowed and orders granted as prayed. Costs to the cause. Dated and delivered at Mombasa this 24th day of March 2006.
J KHAMINWA JUDGE In the absence of parties.