[2005] KEHC 1280 (KLR)
The court found that the applicant’s arguments for transfer, namely the convenience and residence of the parties, were unchallenged as the respondent’s counsel did not attend the hearing. The court accepted that no party would be prejudiced by the transfer and that the interests of justice would be served by moving...
Source-derived case information.
- Citation
- [2005] KEHC 1280 (KLR)
- Parties
- Appellant: Sheilla Ochola; Respondent: Samson Mongeri t/a Agel General Enterprises
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- ? 87 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Transfer of Suit
- Outcome
- Application allowed. Suit ordered transferred.
- Legal Topics
- Transfer of Suit, Jurisdiction of Courts, Convenience of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sheilla Ochola
Appellant
Samson Mongeri t/a Agel General Enterprises
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the suit Kisumu CMCC No.977 of 2002 should be transferred to Oyugis Senior Resident Magistrate’s Court for hearing and disposal.
- 2 Whether the Kisumu Chief Magistrate’s Court had jurisdiction to entertain the suit and thus whether a valid suit exists for transfer.
Ratio Decidendi
The court found that the applicant’s arguments for transfer, namely the convenience and residence of the parties, were unchallenged as the respondent’s counsel did not attend the hearing. The court accepted that no party would be prejudiced by the transfer and that the interests of justice would be served by moving the suit to Oyugis Senior Resident Magistrate’s Court. The respondent’s objection regarding jurisdiction was not pursued at the hearing and thus did not prevent the granting of the transfer order.
Court Disposition
Application allowed. Suit ordered transferred.
Orders
- Kisumu CMCC No.977 of 2002 is transferred to Oyugis Senior Resident Magistrate’s Court for hearing and disposal.
- The applicant is awarded the costs of this application.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMUMisc Application 87 of 2005SHEKA OCHOLA ……………………………………….APPELLANTVERSUS
SAMSON MONGERI
t/a AGEL GENERAL ENTERPRISES …………...…..RESPONDENTR U L I N G
By notice of motion dated 23rd March, 2005 Sheilla Ochola seeks an order for transfer of Kisumu CMCC No.977 of 2002 to Oyugis, Senior Resident Magistrate’s Court for hearing and disposal. The ground advanced in support of the application are that the parties to the suit ordinarily resident at Oyugis; that it is expensive and time consuming for the parties to travel all the way from Oyugis to Kisumu to attend court sessions; that the transfer is for the convenience of the parties and no party will be prejudiced by it.
The grounds filed by the respondent contains Kisumu Chief Magistrate’s Court does not have jurisdiction to entertain the suit there could be no transfer of what is a nullity as there was no suit. However, when the application came up for hearing the counsel for the respondent did not attend the court. In the circumstances the submissions made by the counsel for the applicant stand unchallenged. I would therefore order that Kisumu CMCC No.977 of 2002 be transferred to Oyugis Senior Resident Magistrate’s Court. The applicant will have the costs of this application.
Dated and delivered this 29th July, 2005. B. K. TANUI J U D G E In the presence of: Mr. Olago-Aluoch for applicant Mr. Musomba for respondent B. K. TANUI J U D G E