[2025] KEHC 7673 (KLR)

[2025] KEHC 7673 (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 exercised its discretion to ensure...

Source-derived case information.

Citation
[2025] KEHC 7673 (KLR)
Parties
Applicant: Robert Obara Ogone; Respondent: Rana Autoselection Limited; Respondent: Stanslause Mumbo Bach
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Civil Miscellaneous Application 43 of 2025
Procedural Posture
Miscellaneous Application / Ruling on Transfer of Suit
Outcome
Application for transfer allowed; suit transferred to Kombewa Law Courts; file closed at High Court.
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

Robert Obara Ogone

Applicant

Rana Autoselection Limited

Respondent

Stanslause Mumbo Bach

Respondent

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 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 exercised its discretion to ensure that the matter would be heard in the most suitable forum, thereby facilitating the parties' access to justice. There being no opposition to the application and no jurisdictional impediment, the transfer was ordered and the file marked as closed at the High Court.

Court Disposition

Application for transfer allowed; suit transferred to Kombewa Law Courts; file closed at High Court.

Orders

  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
  • Mention on 12/6/2025 before the Head of Station, Kombewa Law Court for further directions.