[2025] KEHC 6563 (KLR)

[2025] KEHC 6563 (KLR)

The court found that, in the interest of access to justice as enshrined in Article 48 of the Constitution, and pursuant to the powers granted under section 18 of the Civil Procedure Act, it was appropriate to transfer the suit from Maseno Law Courts to Kombewa Law Courts. The court considered the geographical...

Source-derived case information.

Citation
[2025] KEHC 6563 (KLR)
Parties
Plaintiff: Kevin Odhiambo Oduor; Defendant: Kentila Farms Limited; Defendant: Bengali Shayamal; Defendant: Humphrey Nyaroche
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Civil Miscellaneous Application 11 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

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kevin Odhiambo Oduor

Plaintiff

Kentila Farms Limited

Defendant

Bengali Shayamal

Defendant

Humphrey Nyaroche

Defendant

Procedural Posture

Miscellaneous Application / Ruling on Transfer of Suit

Legal Issues

  1. 1 Whether the Maseno Law Courts have proper geographical jurisdiction to hear the matter.
  2. 2 Whether the suit should be transferred to Kombewa Law Courts for hearing and determination.

Ratio Decidendi

The court found that, in the interest of access to justice as enshrined in Article 48 of the Constitution, and pursuant to the powers granted under section 18 of the Civil Procedure Act, it was appropriate to transfer the suit from Maseno Law Courts to Kombewa Law Courts. The court considered the geographical jurisdiction of both courts and determined that Kombewa Law Courts was the proper forum for hearing and determination of the matter. There being no opposition to the application, the court exercised its discretion to order the transfer and marked the file as closed at the High Court level.

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  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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 3/6/2025 before the Head of Station, Kombewa Law Court for further directions.