CMC Motors Group v Reuben Wanyonyi Simiyu [2005] KEHC 1275 (KLR)
- Court
- High Court of Kenya
- Case number
- 1275
- Citation
- [2005] KEHC 1275 (KLR)
- Decided
- 3 October 2005
The application is dismissed with costs. The suit shall be heard and determined where it was properly filed by the respondent.
Facts
The contract of sale of a motor vehicle was entered into at Nakuru, but part of the purchase consideration was paid at Kitale. The respondent filed the suit in Kitale Senior Principal Magistrate's Court.
Issues
- Whether the respondent filed the suit in the correct court.
- Whether the applicant can have the suit transferred to a venue of its choice and convenience.
Reasoning
Section 15 of the Civil Procedure Act, Explanation 2, states that a corporation shall be deemed to carry on business at its sole or principal office in Kenya or in respect of any cause of action arising at any place where it has also a subordinate office, at such place. The applicant has branch offices at Nakuru and Kitale, and the contract was entered into at Nakuru but part of the consideration was paid at Kitale. The respondent could file the suit in either court. The applicant's application lacks basis in law.
Outcome
Dismissed with costs
Orders
- Kitale SPMCCC No. 565 of 2005 (Reuben Wanyonyi Simiyu –vs- CMC Motors Group Ltd) shall be heard and determined where it was properly filed by the respondent.
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (1)
- Nairobi HC Misc Appl. No. 10 of 2002 Akamba Public Road Services Ltd –vs- Emily Caroline Barassa (unreported)
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