Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Kenya decisions
Decisions matching the current search
Bunyila & 3 others v Anyonga & 4 others [2025] KEELC 5295 (KLR)
The court dismissed an application to withdraw and transfer a land suit for consolidation, holding the applicants lacked standing and had not shown proper grounds for transfer.
Ombi Rubber Rollers Limited v Wef Logistics Limited [2025] KEHC 10055 (KLR)
The High Court dismissed an application to transfer a Small Claims Court suit so the applicant could file a counterclaim exceeding that court’s Kshs. 1 million limit.
Songoi v Muhunzu [2025] KEELC 5310 (KLR)
The court held that the applicant, as a defendant in the subordinate court, lacked standing to withdraw the suit filed by the respondent, as withdrawal is a prerogative of the plaintiff under Order 25 Rule 1 of the Civil Procedure Rules. However, the court found that the applicant had established sufficient cause for the transfer of Bungoma Chief Magistrate Court ELC Case No. 87 OF 2021 to the Environment and Land Court for consolidation with Bungoma ELC O.S No. E 007 OF 2024. This was because both suits involved the same parties and subject matter, and the claim for adverse possession could…
Source excerpt
Njagi v Kinyanjui [2025] KEHC 9908 (KLR)
The Court found that the Applicant's suit, Milimani SCC E4213 of 2024, was filed in a court without jurisdiction and is therefore a nullity in law. The High Court has no power to transfer a suit that is incompetent for want of jurisdiction to another court, as there is no valid suit to transfer. The only remedy available to the Applicant was to withdraw the incompetent suit and file a fresh claim before the court with proper jurisdiction. The application to transfer the suit was thus unmerited and dismissed. The Applicant was ordered to bear the Respondent's costs.
Source excerpt
Son Hardware Limited v Development Bank of Kenya Limited & another; Arumba Limited (Interested Party) [2025] KEELC 5194 (KLR)
The court found that the Plaintiff's suit was fundamentally a commercial dispute arising from a loan facility and the exercise of a statutory power of sale by the 1st Defendant, with the reliefs sought centering on the annulment of a public auction and related contractual matters. The court held that such disputes fall outside the specialized jurisdiction of the Environment and Land Court, which is confined to matters concerning the environment, use, occupation, and title to land. The court further held that jurisdiction cannot be conferred by the parties' conduct or consent, and a lack of ju…
Source excerpt
Kwamboka v Abdirahman [2025] KEELC 5102 (KLR)
The court held that the applicant failed to demonstrate any exceptional circumstances, balance of convenience, or undue hardship justifying the transfer of the suit from the magistrates' court to the Environment and Land Court. The court emphasized that lack of jurisdiction in the lower court is not a valid ground for transfer under Section 18 of the Civil Procedure Act, as established by binding precedent. The application was found to be motivated by an attempt to pre-empt an adverse ruling on jurisdiction in the lower court rather than genuine grounds for transfer. Consequently, the court d…
Source excerpt
EAO v DOA [2025] KEHC 9578 (KLR)
The High Court at Siaya refused to transfer a children’s case from Nyando to Siaya, finding both courts competent and that the matter should proceed as scheduled.
Helasabili Mobile Capital Limited v Chameleon Solutions Limited [2025] KEHC 9465 (KLR)
The High Court held that it cannot transfer a suit from the Small Claims Court to the Magistrates Court where the Small Claims Court lacks jurisdiction due to the value of the counterclaim. The applicant, by expressly waiving recovery of sums above Kshs. 1,000,000 in its counterclaim, invoked Rule 14 of the Small Claims Court Rules and thereby limited the court's jurisdiction to the statutory maximum. The law is settled that a suit filed in a court without jurisdiction is incompetent and cannot be transferred to a court with jurisdiction; it must be struck out or withdrawn. The court cited bi…
Source excerpt
Ironco v Ndethio (Sued as the he Administrator of the Estate of Ndethu M’Kauga - Deceased) [2025] KEELC 4884 (KLR)
The Environment and Land Court declined to transfer an adverse possession suit filed in a court without jurisdiction, holding the suit was a nullity.
Diamond Trust Bank Kenya Limited v Thuranira [2025] KEHC 9189 (KLR)
The High Court determined that it has the statutory power to transfer suits to subordinate courts where the subject matter falls within the subordinate court's pecuniary jurisdiction. The Applicant's claim, being for Kshs. 2,490,416.30, is well within the Chief Magistrate's Court's jurisdictional limit of Kshs. 20,000,000. The Court found that judicial policy and the law favour the filing of matters in the lowest competent court to promote efficiency and access to justice. There was no evidence of prejudice to the Respondent, and the draft Plaint disclosed triable issues. Accordingly, the Cou…
Source excerpt
Explore more
