Grace Ndunge Kilonzi & 3 others v Nicholas Munene Wamirangi [2021] KEELC 2584 (KLR)
- Court
- Environment & Land Court
- Case number
- 2584
- Citation
- [2021] KEELC 2584 (KLR)
- Decided
- 18 June 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeApplication for Transfer of SuitPostureApplication grantedCoramHon E.O Wambo, Senior Resident Magistrate at Kerugoya
Holding
The application for transfer of the suit CMCC ELC No. 45/2019 (Kerugoya) to the Senior Resident Magistrate Court at Gichugu is granted.
Facts
The applicants are seeking to transfer a suit filed in Kerugoya Senior Magistrate's Court to Gichugu Senior Magistrate's Court due to financial constraints and the location of the subject matter.
Issues
- Whether the matter should be transferred from Kerugoya Senior Magistrate’s Court to Gichugu Senior Magistrate Court for trial
- Whether the court at Gichugu has jurisdiction to determine the case
Reasoning
The court found that the applicants have financial constraints and the subject matter is located in Gichugu, thus the court at Gichugu has jurisdiction to determine the case. The court also considered the balance of convenience and the expense of the trial in Kerugoya.
Outcome
Application granted
Orders
- The suit CMCC ELC No. 45/2019 (Kerugoya) is transferred to the Senior Resident Magistrate Court at Gichugu for trial and determination
Authorities cited
Legislation (2)
- Civil Procedure Act (Cap 21) Laws of Kenya
- Constitution of Kenya
Cases cited (2)
- Vs Benson Gachoki Kinyanjui (2016) e K.L.R.
- Kithita Ngeana Vs Mwaniki Kisume [2018] e KLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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