[2005] KEHC 1113 (KLR)
The court found that the suit was properly filed in the Mombasa Senior Resident Magistrate Court and that there was no sufficient reason to transfer the case to Kilifi Court. The judge noted that the damages in question were at large and that the suit could even have been filed in the High Court at Mombasa....
Source-derived case information.
- Citation
- [2005] KEHC 1113 (KLR)
- Parties
- Plaintiff: MONYAZI GEORGE CHIRANZI; Defendant: JOHN LELIAI & OTHERS
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 189 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit
- Outcome
- application dismissed with costs
- Legal Topics
- Transfer of Suit, Jurisdiction, Venue of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MONYAZI GEORGE CHIRANZI
Plaintiff
JOHN LELIAI & OTHERS
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the suit should be transferred from Mombasa Senior Resident Magistrate Court to Kilifi Court.
- 2 Whether the Mombasa court is the proper forum for the suit.
Ratio Decidendi
The court found that the suit was properly filed in the Mombasa Senior Resident Magistrate Court and that there was no sufficient reason to transfer the case to Kilifi Court. The judge noted that the damages in question were at large and that the suit could even have been filed in the High Court at Mombasa. Therefore, the application for transfer was dismissed with costs to the applicant.
Court Disposition
application dismissed with costs
Orders
- The application for transfer of the suit from Mombasa to Kilifi Court is dismissed with costs.
Full Case Text
Judgment text and source record
2 paragraphs
IN THE HIGH COURT OF KENYA AT MOMBASA Misc Suit 189 of 2005 MONYAZI GEORGE CHIRANZI.................................................................... PLAINTIFF VERSUS JOHN LELIAI & OTHERS....................................................................... DEFENDANTS RULING
The court is being asked to order the transfer of the case from Mombasa to Kilifi Court. The matter is now filed in the Senior Resident Magistrate Court in Mombasa. It is a rundown case. I have considered the submissions of counsel and the judgment of court in the case of Omwoyo vs- African Highlands and Produce Co. Ltd. [2002] I KLR at 698. I am satisfied that the suit is properly filed in Mombasa SRM Court and I find no reason for it to be transferred to Kilifi Court. The damages are at large and the suit could even be filed in High Court at Mombasa. The application is dismissed with costs. Delivered and dated at Mombasa this 13th day of October 2005. J. KHAMINWA JUDGE In the presence of Ms. Osino.