[2025] KEHC 6566 (KLR)

[2025] KEHC 6566 (KLR)

The High Court exercised its discretion under section 18 of the Civil Procedure Act to transfer the divorce case from Maseno Law Courts to Kombewa Law Courts. The court found that the transfer would promote access to justice as required by Article 48 of the Constitution. The absence of opposition and the consideration of geographical jurisdiction supported the conclusion that Kombewa Law Courts was the appropriate forum for hearing and determination. The file was accordingly withdrawn from Maseno and transferred to Kombewa for further proceedings.

Citation
[2025] KEHC 6566 (KLR)
Parties
Plaintiff: Joseph Odhiambo Ogala; Defendant: Lydia Achieng Owade
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Judgment Date
21 May 2025
Case Number
Civil Miscellaneous Application 4 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
English
Civil Procedure Transfer of Suit Jurisdiction of Courts Access to Justice

Case Brief

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Parties

Joseph Odhiambo Ogala

Plaintiff

Lydia Achieng Owade

Defendant

Procedural Posture

Miscellaneous Application / Ruling on Transfer of Suit

Legal Issues

  1. 1 Whether the High Court should transfer the divorce case from Maseno Law Courts to Kombewa Law Courts.
  2. 2 Whether the transfer is necessary to promote access to justice under Article 48 of the Constitution.

Ratio Decidendi

The High Court exercised its discretion under section 18 of the Civil Procedure Act to transfer the divorce case from Maseno Law Courts to Kombewa Law Courts. The court found that the transfer would promote access to justice as required by Article 48 of the Constitution. The absence of opposition and the consideration of geographical jurisdiction supported the conclusion that Kombewa Law Courts was the appropriate forum for hearing and determination. The file was accordingly withdrawn from Maseno and transferred to Kombewa for further proceedings.

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  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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.