Kenya Tea Development Agency Ltd v Ogutu & another [2004] KEHC 1302 (KLR)
- Court
- High Court of Kenya
- Case number
- 1302
- Citation
- [2004] KEHC 1302 (KLR)
- Decided
- 7 October 2004
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCommercial DisputePostureApplication for transfer of suit to Kisii High CourtCoramH. P. G. WAWERU
Holding
The court has jurisdiction to direct the place of trial, and the suit should be tried at the High Court, Kisii.
Facts
The suit arises from an alleged illegal attachment and sale of the plaintiff's goods in execution of a decree from Kisii CMCC No.238 of 1998. The 1st Defendant resides and works at Kisii, and the plaintiff has a branch there.
Issues
- Whether the High Court has jurisdiction to direct the place of trial
Reasoning
The court found that the cause of action arose within the local limits of the Kisii High Court Registry, and the convenience of the parties and their witnesses dictates that the trial be held at Kisii. The court also noted that the High Court has only one jurisdiction in Kenya.
Outcome
The application is granted, and the suit is directed to be tried at the High Court, Kisii.
Orders
- The suit is directed to be tried at the High Court, Kisii.
Authorities cited
Legislation (2)
- Civil Procedure Act, Cap.21
- Civil Procedure Rules
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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