Red Anchor Freight Forwarders Ltd v David Nthiwa Wambua [2005] KEHC 1192 (KLR)
- Court
- High Court of Kenya
- Case number
- 1192
- Citation
- [2005] KEHC 1192 (KLR)
- Decided
- 22 July 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureApplicant seeks transfer of suit from Mombasa to NairobiCoramOjwang, J.
Holding
The suit is transferred from Mombasa to Nairobi
Facts
The applicant is based in Nairobi and has witnesses there. The respondent filed a suit in Mombasa, alleging personal injury.
Issues
- Whether to transfer the suit from Mombasa to Nairobi
- Whether the transfer is in violation of the Civil Procedure Act
Reasoning
The applicant's place of business and registered offices are in Nairobi, and all witnesses reside there. The inconvenience to the applicant and the violation of the Civil Procedure Act are significant factors.
Outcome
Transfer granted
Orders
- Suit filed by the respondent against the applicant in the Resident Magistrate’s Court at the Mombasa District Registry is transferred to the Resident Magistrate’s Court at the Milimani Commercial Courts, Nairobi for hearing and determination
Authorities cited
Legislation (1)
- Civil Procedure Act (Cap. 21)
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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