[2011] KEHC 2350 (KLR)
The court, after considering the Notice of Motion, the prayers sought, and the submissions of both parties' counsel, found that the applicant had not established sufficient grounds to warrant the grant of an order for stay of proceedings or for the transfer of the suit from Kericho to Kakamega. The application was...
Source-derived case information.
- Citation
- [2011] KEHC 2350 (KLR)
- Parties
- Applicant: John Mukeya Kitiabi; Respondent: Colleta Nmasinde
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 9 of 2011
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Stay and Transfer
- Outcome
- application dismissed
- Legal Topics
- Stay of Proceedings, Transfer of Suit, Jurisdiction, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Mukeya Kitiabi
Applicant
Colleta Nmasinde
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Stay and Transfer
Legal Issues
- 1 Whether the applicant is entitled to an order of stay of proceedings in PMCC No. 159 of 2010 at Kericho.
- 2 Whether the applicant has established sufficient grounds for transfer of the suit to the Chief Magistrate Court at Kakamega.
Ratio Decidendi
The court, after considering the Notice of Motion, the prayers sought, and the submissions of both parties' counsel, found that the applicant had not established sufficient grounds to warrant the grant of an order for stay of proceedings or for the transfer of the suit from Kericho to Kakamega. The application was therefore dismissed, with reasons for the dismissal to be provided at a later date.
Court Disposition
application dismissed
Orders
- The application for stay of proceedings and transfer is dismissed.
- Reasons for the dismissal to be provided on a date to be communicated to the parties through their advocates.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
CIVIL MISC. APPLICATION NO. 9 OF 2011
JOHN MUKEYA KITIABI……….....……………………………………...APPLICANT
VS.
COLLETA NMASINDE………………………………………………..RESPONDENT
RULING
I have perused the Notice of Motion dated 21/3/2011 and given due consideration to the prayer for an orders of stay of proceedings in Civil Case No. PMCC No. 159 of 2010 at Kericho and transfer of the said case to the Chief Magistrate Court at Kakamega. I have also given due consideration to the submissions made by Mr. F. O. Koko, learned Counsel for the Applicant, and Mr. D. O. Akinyi, learned Counsel for the Respondent.
I decline to grant the application which I hereby dismiss. I shall give my reasons for rejecting and dismissing the application on a date to be given to the parties through their advocates on record.
DATEDat KERICHO this 14TH Day of April,2011
G B M KARIUKI, SC
RESIDENT JUDGE
COUNSEL APPEARING
Mr. D.O. Akinyi, Advocate, for the Respondent
Mr. F. O. Koko, Advocate, for the Applicant
Mr. R. Koech, Court clerk