[2025] KEHC 7894 (KLR)

[2025] KEHC 7894 (KLR)

The court found that the transfer of the suit from Maseno Law Courts to Kombewa Law Courts was justified to promote access to justice for the parties, in line with Article 48 of the Constitution. The High Court exercised its discretion under section 18 of the Civil Procedure Act, noting that Kombewa Law Courts had the requisite geographical jurisdiction and that no prejudice would be occasioned to any party by the transfer. The court emphasized that the overriding objective of the civil justice system is to facilitate the just, expeditious, and affordable resolution of disputes, and that transferring the suit would serve this objective. Accordingly, the file was withdrawn from Maseno Law...

Citation
[2025] KEHC 7894 (KLR)
Parties
Plaintiff: Paul Odhiambo Ondijo; Defendant: John Robert Ouko Owalla
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Judgment Date
5 June 2025
Case Number
Civil Miscellaneous Application 38 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

Paul Odhiambo Ondijo

Plaintiff

John Robert Ouko Owalla

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 promote access to justice under Article 48 of the Constitution.

Ratio Decidendi

The court found that the transfer of the suit from Maseno Law Courts to Kombewa Law Courts was justified to promote access to justice for the parties, in line with Article 48 of the Constitution. The High Court exercised its discretion under section 18 of the Civil Procedure Act, noting that Kombewa Law Courts had the requisite geographical jurisdiction and that no prejudice would be occasioned to any party by the transfer. The court emphasized that the overriding objective of the civil justice system is to facilitate the just, expeditious, and affordable resolution of disputes, and that transferring the suit would serve this objective. Accordingly, the file was withdrawn from Maseno Law...

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.