[2011] KEHC 660 (KLR)

[2011] KEHC 660 (KLR)

The court held that the application to transfer the suit from the High Court at Milimani Commercial Court, Nairobi to the High Court at Mombasa was incompetent. Sections 17 and 18 of the Civil Procedure Act apply only to the transfer of suits in subordinate courts, not the High Court. For suits instituted in the...

Source-derived case information.

Citation
[2011] KEHC 660 (KLR)
Parties
Applicant: Superior Printers Ltd; Respondent: Kentro Systems Ltd
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
2 November 2011
Case Number
Miscellaneous Civil Application 233 of 2011
Procedural Posture
Miscellaneous Application / Ruling on Application to Transfer Suit Between High Court Registries
Outcome
application struck out as incompetent
Judges
GG Okwengu
Legal Topics
Transfer of Suits, Territorial Jurisdiction, High Court Registries
Source Language
english
Civil Procedure Transfer of Suits Territorial Jurisdiction High Court Registries

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Summary, issues, holding and outcome

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Parties

Superior Printers Ltd

Applicant

Kentro Systems Ltd

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Transfer Suit Between High Court Registries

Legal Issues

  1. 1 Whether the High Court has jurisdiction to transfer a suit from one High Court registry to another by way of a miscellaneous application.
  2. 2 Whether sections 17 and 18 of the Civil Procedure Act apply to suits instituted in the High Court.
  3. 3 Whether the issue of territorial jurisdiction arises between High Court registries.

Ratio Decidendi

The court held that the application to transfer the suit from the High Court at Milimani Commercial Court, Nairobi to the High Court at Mombasa was incompetent. Sections 17 and 18 of the Civil Procedure Act apply only to the transfer of suits in subordinate courts, not the High Court. For suits instituted in the High Court, Order 47 of the Civil Procedure Rules provides that there is only one High Court with a central registry and district registries, and the place of trial is determined by the court within the same suit, not by way of a miscellaneous application. The issue of territorial jurisdiction does not arise between High Court registries. Therefore, the application was struck out...

Court Disposition

application struck out as incompetent

Orders

  • The application dated 18th March, 2011 is struck out.