[2024] KEHC 13300 (KLR)
The court found that the cause of action in both referenced cases occurred within Vihiga County, outside the jurisdiction of the Kisumu courts. Since the respondents did not oppose the application and the applicant had demonstrated that the proper venue for hearing and determination was the Magistrate's court with...
Source-derived case information.
- Citation
- [2024] KEHC 13300 (KLR)
- Parties
- Applicant: Jafeth Ajago Omwanda; Respondent: Joseph Olweny Ochieng; Respondent: Pamela Awino Olweny; Respondent: Bravin Austine Oduor
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case 332 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Transfer of Suits
- Outcome
- Application allowed; suits transferred; costs to applicant; file closed.
- Judges
- MS Shariff
- Legal Topics
- Transfer of Suits, Jurisdiction, Venue of Trial
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Jafeth Ajago Omwanda
Applicant
Joseph Olweny Ochieng
Respondent
Pamela Awino Olweny
Respondent
Bravin Austine Oduor
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Transfer of Suits
Legal Issues
- 1 Whether the suits should be transferred to the Magistrate's court for hearing and determination.
- 2 Whether the cause of action occurred within the jurisdiction of the proposed transferee court.
- 3 Who should bear the costs of the application.
Ratio Decidendi
The court found that the cause of action in both referenced cases occurred within Vihiga County, outside the jurisdiction of the Kisumu courts. Since the respondents did not oppose the application and the applicant had demonstrated that the proper venue for hearing and determination was the Magistrate's court with jurisdiction over the locus of the dispute, the court exercised its discretion to transfer the suits accordingly. The applicant was ordered to bear the costs of the application, and the miscellaneous file was marked as closed.
Court Disposition
Application allowed; suits transferred; costs to applicant; file closed.
Orders
- Kisumu CMCC E369 of 2022 and Maseno SPMCC E093 of 2023 are hereby transferred to the Magistrate’s court for hearing and determination.
- The applicant shall bear the costs of this application.
Full Case Text
Judgment text and source record
17 paragraphs
Omwanda v Ochieng & 2 others (Miscellaneous Case 332 of 2024) [2024] KEHC 13300 (KLR) (30 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13300 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Case 332 of 2024
MS Shariff, J
October 30, 2024
Between
Jafeth Ajago Omwanda
Plaintiff
and
Joseph Olweny Ochieng & 2 others & 2 others
Defendant
Ruling
1. I have considered the notice of motion dated 16. 9.2024, the supporting affidavit of Jafeth Anjago Omwanda sworn on even date and the enclosures therein and I do note that the cause of action in the cases No. E093/2023 - Maseno SPM Court and Kisumu CMCC E369 of 2022 is pleaded as having occurred at Luanda Akala road which is within Vihiga County. This application has not been opposed by the Respondents who have duly appointed the firm of Staussi Asunah & Oluoch Advocates vide a notice of appointment dated 3. 9.2024.
2. In light of the matters aforesaid I do hereby allow the application and I make the following orders:-1. Kisumu CMCC E369 of 2022: Joseph Olweny Ochieng & Pamela Awino Olweny Ochieng & Pamela Awino Olweny (suing as the legal & personal representatives of the estate of Fredrick Ngesa Olweny - deceased and Maseno SPMCC E093 of 2023: Bravin Austine Oduor -vs- Jafeth Anjago Omwanda are hereby transferred to Magistrate’s court for hearing and determination.2. The Applicant shall bear the costs of this application.3. This file is marked as closed.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 30THDAY OF OCTOBER, 2024. M. S. SHARIFFJUDGE