[2025] KEHC 7408 (KLR)

[2025] KEHC 7408 (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 7408 (KLR)
Parties
Applicant: Stephen Omondi Ojal; Respondent: Kentila Farms Limited; Respondent: Bengali Shayamal; Respondent: Humphrey Nyaroche
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Civil Miscellaneous Application 12 of 2025
Procedural Posture
Miscellaneous Application / Ruling on Transfer of Suit
Outcome
Application for transfer of suit allowed; file transferred from Maseno Law Courts to Kombewa Law Courts.
Judges
A Mabeya
Legal Topics
Transfer of Suit, Jurisdiction, Access to Justice
Source Language
en
Civil Procedure Transfer of Suit Jurisdiction Access to Justice

Source-derived case record

Summary, issues, holding and outcome

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Parties

Stephen Omondi Ojal

Applicant

Kentila Farms Limited

Respondent

Bengali Shayamal

Respondent

Humphrey Nyaroche

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 efficient and fair administration of justice. The absence of opposition from the respondents and the consideration of geographical jurisdiction further supported the decision to transfer the suit.

Court Disposition

Application for transfer of suit allowed; file transferred from Maseno Law Courts to Kombewa Law Courts.

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  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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