[2025] KEHC 7675 (KLR)

[2025] KEHC 7675 (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 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. Accordingly, the file was withdrawn from Maseno and transferred to Kombewa for further proceedings.

Citation
[2025] KEHC 7675 (KLR)
Parties
Plaintiff: Fredrick Ochieng Ondijo; Defendant: John Robert Ouko Owala
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Judgment Date
5 June 2025
Case Number
Civil Miscellaneous Application 37 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

Fredrick Ochieng Ondijo

Plaintiff

John Robert Ouko Owala

Defendant

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 Accordingly, the file was withdrawn from Maseno and transferred to Kombewa for further proceedings.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  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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