[2021] KEHC 484 (KLR)

[2021] KEHC 484 (KLR)

The court found that both the parties and the properties in dispute are located in Bomet County. Furthermore, there is a related suit involving the same parties and subject matter already pending before the Bomet High Court. In the interest of justice, convenience, and to avoid conflicting decisions or multiplicity...

Source-derived case information.

Citation
[2021] KEHC 484 (KLR)
Parties
Plaintiff: Judy Cheptoo Laboso; Defendant: Mary Chepkirui Laboso; Defendant: Stanbik Bank Kenya Limited; Defendant: The Chief Land Registrar
Court
High Court
Court Station
High Court at Kericho
Jurisdiction
Kenya
Case Number
Civil Case 1 of 2021
Procedural Posture
Civil Case / Ruling on Transfer of Suit
Outcome
Suit transferred to Bomet High Court for disposal.
Judges
AN Ongeri
Legal Topics
Transfer of Suit, Jurisdiction, Forum Conveniens, Pending Actions
Source Language
en
Civil Procedure Land and Property Transfer of Suit Jurisdiction Forum Conveniens Pending Actions

Source-derived case record

Summary, issues, holding and outcome

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Parties

Judy Cheptoo Laboso

Plaintiff

Mary Chepkirui Laboso

Defendant

Stanbik Bank Kenya Limited

Defendant

The Chief Land Registrar

Defendant

Procedural Posture

Civil Case / Ruling on Transfer of Suit

Legal Issues

  1. 1 Whether the High Court at Kericho is the appropriate forum for hearing the dispute given the location of the parties and subject properties.
  2. 2 Whether the existence of a pending suit on the same subject matter before the Bomet High Court necessitates transfer of this case.

Ratio Decidendi

The court found that both the parties and the properties in dispute are located in Bomet County. Furthermore, there is a related suit involving the same parties and subject matter already pending before the Bomet High Court. In the interest of justice, convenience, and to avoid conflicting decisions or multiplicity of proceedings, the court exercised its discretion to transfer the present suit to the Bomet High Court for hearing and determination. The transfer will facilitate efficient administration of justice and ensure that all related matters are handled by the court with the most direct connection to the dispute.

Court Disposition

Suit transferred to Bomet High Court for disposal.

Orders

  • This file be and is hereby transferred to Bomet High Court for disposal.
  • The Deputy Registrar of this court to forward this file to the Deputy Registrar at the Bomet High Court for purposes of taking a date before the Bomet Judge for directions.