[2012] KEHC 5428 (KLR)

Parties

Procedural Posture

Preliminary Objection / Ruling on Preliminary Objection Regarding Jurisdiction

Legal Issues

1. 1 Whether the High Court at Nairobi lacks jurisdiction to hear the suit because the cause of action arose in Mombasa.
2. 2 Whether Section 15 of the Civil Procedure Act restricts the filing of suits to the geographical location where the cause of action arose or where the defendant resides, and whether this applies to the High Court.
3. 3 Whether the filing of the suit in Nairobi amounts to forum shopping or is a deliberate attempt to inconvenience the defendant.

Ratio Decidendi

The court held that while Section 15 of the Civil Procedure Act aims to ensure convenience and cost-effectiveness in the filing of suits, its provisions do not oust the unlimited original jurisdiction of the High Court as conferred by Article 165(3) of the Constitution. The court found that Sections 17 and 18 of the Civil Procedure Act, which deal with the transfer of suits, primarily apply to subordinate courts, and there is no express provision for transfer between High Court stations. The court further reasoned that a party seeking to challenge the jurisdiction of a particular High Court station must demonstrate a real threat to access to justice, not merely inconvenience or forum...

Court Disposition

preliminary objection dismissed with costs to the plaintiff

Orders

• The Defendant's Preliminary Objection is dismissed with costs to the Plaintiff.
• The parties may fix the Notice of Motion application dated 17th May 2012 for hearing and determination by this court on a suitable date.