[2014] KEHC 7781 (KLR)

[2014] KEHC 7781 (KLR)

The court found that while the Plaintiff has a statutory right to elect the forum under Section 14 of the Civil Procedure Act, this right is not absolute and may be overridden where the interests of justice, convenience, and avoidance of undue expense so require. The Defendant demonstrated that the cause of action...

Source-derived case information.

Citation
[2014] KEHC 7781 (KLR)
Parties
Plaintiff: Justus Munyinyi Macharia T/A Gusii Proprietary Club; Defendant: Dakiang’a Distributors Limited
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
5 March 2014
Case Number
Civil Case 397 of 2012
Procedural Posture
Civil Case / Ruling on Application for Transfer of Suit
Outcome
Application allowed. Suit transferred to Kisii High Court. Plaintiff to bear costs of the application.
Judges
A Mabeya, JB Havelock
Legal Topics
Transfer of Suit, Jurisdiction of High Court, Overriding Objective, Place of Suing
Source Language
english
Civil Procedure Transfer of Suit Jurisdiction of High Court Overriding Objective Place of Suing

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Summary, issues, holding and outcome

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Parties

Justus Munyinyi Macharia T/A Gusii Proprietary Club

Plaintiff

Dakiang’a Distributors Limited

Defendant

Procedural Posture

Civil Case / Ruling on Application for Transfer of Suit

Legal Issues

  1. 1 Whether the suit should be transferred from the High Court at Nairobi to the High Court at Kisii for hearing and determination.
  2. 2 Whether the Defendant has demonstrated sufficient cause for transfer based on convenience, expense, and interests of justice.
  3. 3 Whether the Plaintiff's right to choose the forum under Section 14 of the Civil Procedure Act should be overridden by considerations under Sections 1A, 1B, 3A, and 15.

Ratio Decidendi

The court found that while the Plaintiff has a statutory right to elect the forum under Section 14 of the Civil Procedure Act, this right is not absolute and may be overridden where the interests of justice, convenience, and avoidance of undue expense so require. The Defendant demonstrated that the cause of action arose in Kisii County, that its witnesses and evidence are located there, and that hearing the matter in Nairobi would impose unwarranted costs and hardship. The Plaintiff failed to provide credible evidence of prejudice or manipulation if the suit were transferred. The court held that the High Court at Kisii has jurisdiction to assess and determine damages, and that the...

Court Disposition

Application allowed. Suit transferred to Kisii High Court. Plaintiff to bear costs of the application.

Orders

  • The Defendant’s Notice of Motion dated 7th August, 2012 is allowed.
  • This suit is to be heard by the High Court sitting at Kisii.