Shish Vendors Limited v Mzungu & another (Miscellaneous Application E003 of 2025) [2025] KEELC 1095 (KLR) (5 March 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 1095
- Citation
- [2025] KEELC 1095 (KLR)
- Decided
- 5 March 2025
Summary at a glance
TypeMiscellaneous ApplicationPostureApplication for transfer of suit to another courtCoramLL NAIKUNI
The Court dismissed the application for transfer of MCELC No. E027 of 2024 to Msambweni Law Courts, finding the application to be an abuse of process and a waste of judicial time.
Facts
Shish Vendors Limited filed a suit against Allan Mzungu Mwamuye and another in MCELC No. E027 of 2024. The suit involves the demolition of Shish Vendors Limited's property by the respondents. The respondents opposed the application, stating that both suits could be heard in the same court due to jurisdiction overlap.
Issues
- Transfer of MCELC No. E027 of 2024 from Kwale to Msambweni Law Courts
- Abuse of process
Reasoning
The Court ruled that the application was an abuse of process and a waste of judicial time, as both Kwale and Msambweni Law Courts had jurisdiction to handle the same suit. The Court also noted that the suit property was within the closest physical jurisdiction of the Kwale Court.
Outcome
Application dismissed
Orders
- Application for transfer of MCELC No. E027 of 2024 to Msambweni Law Courts dismissed
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