[2024] KEHC 2771 (KLR)
The court found that the respondent's advocate had demonstrated sufficient grounds to cease acting, as there were no instructions forthcoming from the client. Additionally, the court determined that the cause of action arose in Nakuru and the respondent intended to file a counterclaim exceeding the pecuniary...
Source-derived case information.
- Citation
- [2024] KEHC 2771 (KLR)
- Parties
- Applicant: Speedaf Logistics Kenya Limited; Respondent: Pluto Mall Limited
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Commercial Miscellaneous Application E004 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Cease Acting and Transfer of Suit
- Outcome
- Application allowed; suit transferred; advocate granted leave to cease acting; no order as to costs; file closed.
- Judges
- RE Aburili
- Legal Topics
- Cease to Act Application, Transfer of Suit, Territorial Jurisdiction, Pecuniary Jurisdiction
- 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
Speedaf Logistics Kenya Limited
Applicant
Pluto Mall Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Cease Acting and Transfer of Suit
Legal Issues
- 1 Whether the respondent's advocate should be granted leave to cease acting for want of instructions.
- 2 Whether the suit in Kisumu CMCC No. E015 of 2024 should be transferred to Nakuru High Court due to territorial and pecuniary jurisdiction.
Ratio Decidendi
The court found that the respondent's advocate had demonstrated sufficient grounds to cease acting, as there were no instructions forthcoming from the client. Additionally, the court determined that the cause of action arose in Nakuru and the respondent intended to file a counterclaim exceeding the pecuniary jurisdiction of the Magistrate's Court. Therefore, it was appropriate to transfer the suit from Kisumu Chief Magistrate's Court to Nakuru High Court to ensure the matter is heard by a court with proper jurisdiction. No prejudice would be occasioned to the respondent by the transfer, and the applications were allowed as prayed.
Court Disposition
Application allowed; suit transferred; advocate granted leave to cease acting; no order as to costs; file closed.
Orders
- Leave granted for respondent's advocate to cease acting.
- Kisumu CMCC No. E015 of 2024 withdrawn from Kisumu Chief Magistrate’s Court and transferred to Nakuru High Court for hearing and final determination.
Full Case Text
Judgment text and source record
25 paragraphs
Speedaf Logistics Kenya Limited v Pluto Mall Limited (Commercial Miscellaneous Application E004 of 2024) [2024] KEHC 2771 (KLR) (18 March 2024) (Ruling)
Neutral citation: [2024] KEHC 2771 (KLR)
Republic of Kenya
In the High Court at Kisumu
Commercial Miscellaneous Application E004 of 2024
RE Aburili, J
March 18, 2024
Between
Speedaf Logistics Kenya Limited
Applicant
and
Pluto Mall Limited
Respondent
Ruling
1. By an application dated 4th March 2024, the Respondent’s advocates seek leave of court to cease acting for want of instructions from the Respondent/Client.
2. The application was served upon the Respondent as per the affidavit of service sworn on 15th March 2024 by Kiptoo Menjo Hillary Advocate.
3. There is no response to the application. The Advocate indicates that he fully notified the Respondent of today’s date not only on the application to cease acting but also on the application for stay of proceedings in Kisumu CMCC No. E015 of 2024 and for transfer of the said suit from this court to Nakuru High Court on account of not only territorial jurisdiction in that the cause of action arose in Nakuru, but also, that the Respondent intends to file a counterclaim in respect of loss and damages well in excess of Kshs.20,000,000 which the Magistrate’s court is devoid of pecuniary jurisdiction to hear and determine.
4. I have considered the application to cease acting for the Respondent and the grounds and affidavit in support thereof. I have also considered the application for transfer of the suit in the lower court at Kisumu CMCC No. E015 of 2024, the grounds in support and the affidavit and annextures.
5. I am satisfied that the Respondent’s counsel cannot be compelled to represent a client whose instructions are not forthcoming. I allow the application as prayed with no orders as to costs.
6. On the motion for transfer of the Kisumu CMCC No. E015 of 2024 to Nakuru High Court, I find that on the grounds and supporting affidavit, the cause of action arose in Nakuru and in addition, as the Respondent intends to file a counterclaim whose value is in excess of pecuniary jurisdiction of the Chief Magistrate’s Court, and as no prejudice will be occasioned to the Respondent if the suit in question is transferred to Nakuru High Court for hearing and final determination, I hereby order that Kisumu CMCC No. E015 of 2024 be and is hereby withdrawn from Kisumu Chief Magistrate’s Court to Nakuru High Court for hearing and final determination.
7. This Ruling to be typed and served upon the Chief Magistrate’s Court, Kisumu for immediate action.
8. I make no orders as to costs.
9. This file is hereby closed.
10. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 18THDAY OF MARCH, 2024R. E. ABURILIJUDGE