[2025] KEHC 6320 (KLR)

[2025] KEHC 6320 (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 conferred by 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 6320 (KLR)
Parties
Applicant: John Lawrence Omondi; Respondent: David Silvester Owino Ajigo; Respondent: William Otieno
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Civil Miscellaneous Application 6 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

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

John Lawrence Omondi

Applicant

David Silvester Owino Ajigo

Respondent

William Otieno

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 conferred by 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 and convenience for the parties, and determined that Kombewa Law Courts was the proper forum for the hearing and determination of the matter. There being no opposition to the application, and no legal impediment to the transfer, the court exercised its discretion to grant the orders 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  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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 3/6/2025 before the Head of Station, Kombewa Law Court for further directions.