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Limitedole Hiby v Sofitra Kenya Limited [2005] KEHC 1733 (KLR)

[2005] KEHC 1733 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1733
Citation
[2005] KEHC 1733 (KLR)
Decided
18 April 2005
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureDefendant's Motion to Transfer Suit to Mombasa High CourtCoramJ. K. SERGON
Holding

The suit will be heard and determined at Busia High Court

Facts

The cause of action arose in Mombasa, and the consignment of cocoa was loaded at Kampala, Uganda for delivery in Mombasa. The vital witnesses will be summoned from Kampala.

Issues

  1. Whether the suit should be transferred to Mombasa High Court
  2. Convenience of the parties and their witnesses

Reasoning

The court considered the convenience of the parties and their witnesses and found it more convenient to have the suit heard in Busia.

Outcome

Motion dismissed

Orders

  • Undated motion filed in Court on 17th February, 2005 is ordered dismissed

Authorities cited

Legislation (1)
  • 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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