James Ndirangu Ng’ang’a v Kanubha Merubha Vaghela [2018] KEELC 4849 (KLR)

Facts

The plaintiff is a resident of Busia and the defendant is a resident of Kakamega and Webuye towns. The subject land titles are registered in Bungoma. The witnesses in the suit include the Land Registrar, Bungoma, the county Surveyor Bungoma, the Western Provincials Surveyor, and the Sub-County Administrator, Webuye.

Issues

1. Whether the order transferring the case to Eldoret Environment and Land Court should be reviewed
2. Whether the case should be heard in Kakamega or Busia

Reasoning

The court found that the order transferring the case to Eldoret was valid and that the convenience of the parties is not a valid reason to transfer the case. The court also noted that the witnesses are available in Webuye and that the distance between Bungoma and Eldoret is almost the same.

Outcome

Application dismissed

Authorities cited