[2025] KEHC 7304 (KLR)

[2025] KEHC 7304 (KLR)

The High Court found that, in the interests of justice and in accordance with the constitutional principle of access to justice, it was appropriate to transfer the suit from Maseno Law Courts to Kombewa Law Courts. The Court exercised its statutory power under section 18 of the Civil Procedure Act, noting that the...

Source-derived case information.

Citation
[2025] KEHC 7304 (KLR)
Parties
Plaintiff: George Otieno Ochilo; Defendant: David Mburu Investment
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Civil Miscellaneous Application 19 of 2025
Procedural Posture
Miscellaneous Application / Ruling on Transfer of Suit
Outcome
Application for transfer of suit allowed.
Judges
A Mabeya
Legal Topics
Transfer of Suit, Jurisdiction of Courts, Access to Justice
Source Language
en
Civil Procedure Transfer of Suit Jurisdiction of Courts Access to Justice

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Parties

George Otieno Ochilo

Plaintiff

David Mburu Investment

Defendant

Procedural Posture

Miscellaneous Application / Ruling on Transfer of Suit

Legal Issues

  1. 1 Whether the High Court should transfer the suit from Maseno Law Courts to Kombewa Law Courts for hearing and determination.
  2. 2 Whether the transfer is necessary to promote access to justice under Article 48 of the Constitution.

Ratio Decidendi

The High Court found that, in the interests of justice and in accordance with the constitutional principle of access to justice, it was appropriate to transfer the suit from Maseno Law Courts to Kombewa Law Courts. The Court exercised its statutory power under section 18 of the Civil Procedure Act, noting that the transfer would facilitate a more convenient and accessible forum for the parties. There being no objection from the respondent, and the application being meritorious, the Court ordered the withdrawal and transfer of the file as sought.

Court Disposition

Application for transfer of suit allowed.

Orders

  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
  • Mention on 9/6/2025 before the Head of Station, Kombewa Law Court for further directions.