[2024] KEHC 4491 (KLR)
The court found that since all parties are based in Igembe North Sub County of Meru and the respondent's presence in Nairobi is only for business, the proper jurisdiction for the case is Maua law courts. The application was unopposed, and the reasons advanced by the applicants were unchallenged and meritorious....
Source-derived case information.
- Citation
- [2024] KEHC 4491 (KLR)
- Parties
- Applicant: MKM; Applicant: MNM; Respondent: BTK
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 26 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Unopposed Application for Transfer of Suit
- Outcome
- Application allowed as prayed. Costs to await the outcome of the substantive case.
- Judges
- HK Chemitei
- Legal Topics
- Custody Orders, Transfer of Suit, Jurisdiction, Children Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MKM
Applicant
MNM
Applicant
BTK
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Unopposed Application for Transfer of Suit
Legal Issues
- 1 Whether the Milimani Children’s case No. E1659 of 2023 should be transferred to Maua law courts for review of the ex parte custody order and determination of the main suit.
- 2 Whether the geographical jurisdiction of the parties justifies the transfer of the case.
Ratio Decidendi
The court found that since all parties are based in Igembe North Sub County of Meru and the respondent's presence in Nairobi is only for business, the proper jurisdiction for the case is Maua law courts. The application was unopposed, and the reasons advanced by the applicants were unchallenged and meritorious. Therefore, the court allowed the transfer of Milimani Children’s case No. E1659 of 2023 to Maua law courts for review of the ex parte custody order and determination of the main suit. Costs were reserved pending the outcome of the substantive case.
Court Disposition
Application allowed as prayed. Costs to await the outcome of the substantive case.
Orders
- Milimani Children’s case No. E1659 of 2023 is transferred to Maua law courts for purposes of review of the ex parte custody order issued on 16th November 2023 and for determination of the main suit.
- Costs shall await the outcome of the substantive case.
Full Case Text
Judgment text and source record
25 paragraphs
MKM & another v BTK (Miscellaneous Application 26 of 2023) [2024] KEHC 4491 (KLR) (Family) (11 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4491 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Miscellaneous Application 26 of 2023
HK Chemitei, J
April 11, 2024
Between
MKM
1st Applicant
MNM
2nd Applicant
and
BTK
Respondent
Ruling
1. In their uncontested application dated 29th November 2023 the applicants pray that this court be pleased to transfer Milimani Children’s case No. E1659 of 2023 to Maua law courts for purposes of review of the Exparte custody order issued on 16th November 2023 and for determination of the main suit.
2. The said application is based on the grounds thereof and the sworn affidavit of the 1st applicant
3. The substantive reasons for the application is that they were based in Igembe North Sub County of Meru together with the respondent.
4. That the respondent is a local politician and his travelling to Nairobi is basically on business purposes and nothing else. Consequently, it was her prayer that the proper place to determine her cause and to challenge the Exparte orders issued is within their jurisdiction.
5. As indicated above the application was unopposed despite the court granting the respondent time to do so on 18th December 2023.
6. In the absence of any opposition and in view of the reasons of geographical jurisdiction of the parties the application is hereby allowed as prayed.
7. Costs shall await the outcome of the substantive case.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 11TH APRIL 2024. H K CHEMITEIJUDGE