Ogada (Suing as the Legal Representative of the Estate of the Late Deborah Owade Ogada - Deceased) v Third Engineering Bureau of China City Construction Group Company Ltd & 2 others (Environment and Land Miscellaneous Application E015 of 2025) [2026] KEELC 493 (KLR) (3 February 2026) (Ruling)
- Court
- Environment & Land Court
- Case number
- 493
- Citation
- [2026] KEELC 493 (KLR)
- Decided
- 3 February 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication to transfer case to Homabay Chief Magistrate's courtCoramNyarangi, J.
Holding
The court denied the application to transfer the case to the Homabay Chief Magistrate's court.
Facts
The applicant filed a Notice of Motion application seeking to transfer a case from Oyugis PMC ELC No. 20 of 2020 to Homabay Chief Magistrate's court due to pecuniary jurisdiction issues.
Issues
- Whether the applicant's suit should be transferred to the Homabay Chief Magistrate's court due to pecuniary jurisdiction
- Whether the transfer would cause prejudice to the respondents
Reasoning
The court held that the applicant's pecuniary jurisdiction was within the Oyugis PMC ELC No. 20 of 2020 court, and that the transfer would not be in the best interest of justice.
Outcome
The application was dismissed.
Orders
- The application was dismissed.
- The applicant's suit should remain in the Oyugis PMC ELC No. 20 of 2020 court.
Authorities cited
Cases cited (3)
- Civil Procedure Rules, 2010
- Civil Procedure Act
- Magistrates’ Court Act
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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