[2024] KEHC 11522 (KLR)
The court found that the accident forming the basis of the tortious negligence claim occurred along Awasi - Kericho road and that the police abstract was issued by the Awasi Traffic sub-base. Consequently, the court with proper territorial jurisdiction is the Nyando Law Courts. The High Court, exercising its powers...
Source-derived case information.
- Citation
- [2024] KEHC 11522 (KLR)
- Parties
- Applicant: Miltah Mbula Nzuki; Respondent: William Thunga
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous E260 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit
- Outcome
- Application for transfer of suit allowed. Kisumu CMCC No. 297 of 2022 transferred to Nyando Law Courts. High Court file closed.
- Judges
- MS Shariff
- Legal Topics
- Transfer of Suit, Territorial Jurisdiction, Tortious Negligence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Miltah Mbula Nzuki
Applicant
William Thunga
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the Kisumu Chief Magistrate's Court has territorial jurisdiction to hear the tortious negligence claim arising from an accident along Awasi - Kericho road.
- 2 Whether the suit should be transferred to Nyando Law Courts for hearing and determination.
Ratio Decidendi
The court found that the accident forming the basis of the tortious negligence claim occurred along Awasi - Kericho road and that the police abstract was issued by the Awasi Traffic sub-base. Consequently, the court with proper territorial jurisdiction is the Nyando Law Courts. The High Court, exercising its powers under Section 18 of the Civil Procedure Act, ordered the transfer of Kisumu CMCC No. 297 of 2022 to Nyando Law Courts for hearing and determination. The file before the High Court was marked as closed.
Court Disposition
Application for transfer of suit allowed. Kisumu CMCC No. 297 of 2022 transferred to Nyando Law Courts. High Court file closed.
Orders
- Kisumu CMCC No. 297 of 2022 is transferred to Nyando Law Courts for hearing and determination.
- This High Court file is marked as closed.
Full Case Text
Judgment text and source record
19 paragraphs
Nzuki v Thunga (Civil Miscellaneous E260 of 2024) [2024] KEHC 11522 (KLR) (27 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11522 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Miscellaneous E260 of 2024
MS Shariff, J
September 27, 2024
Between
Miltah Mbula Nzuki
Applicant
and
William Thunga
Respondent
Ruling
1. I have perused the notice of motion dated 12. 6.24, the supporting affidavit and the pleadings in Kisumu CMCC No. 297 of 2022: Miltah Mbula Nzuki -vs- William Thunga Ng’ang’a & Others and I note that the accident that is subject of the claim for tortious negligence occurred on 3. 10. 2019 along Awasi - Kericho road and a police abstract was issued to the Plaintiff in the trial case by the Awasi Traffic sub-base wherefore the court with geographical jurisdiction to hear and determine the case is Nyando Law Courts.
2. Premised upon the reasons aforestated the lower court file Kisumu CMCC No. 297 of 2022 is hereby transferred to Nyando Law Courts for hearing and determination.
3. This file is marked as closed.
4. It is hereby so ordered.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 27TH DAY OF SEPTEMBER, 2024. M. S. SHARIFFJUDGE