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A Jiwa Shamji Ltd v Alfayo Ngeresa Mabera [2005] KEHC 2556 (KLR)

[2005] KEHC 2556 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2556
Citation
[2005] KEHC 2556 (KLR)
Decided
28 April 2005
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeApplication to transfer casePostureApplicant seeks to transfer a case from Milimani to Kisii Magistrate's CourtCoramKABURU BAUNI
Holding

The application is granted, and the case is transferred to Kisii Senior Principal Court for hearing and disposal

Facts

The cause of action arose in Kisii Town, and the defendant and 3rd parties live in Kisii Town. The main office of the applicant is in Kisii.

Issues

  1. Whether the case should be transferred from Milimani to Kisii Magistrate's Court
  2. Jurisdiction of the court

Reasoning

The cause of action arose in Kisii Town, and the defendant and 3rd parties live there. The applicant's main office is also in Kisii. The court has the power to transfer cases under Section 18 of CPA.

Outcome

Granted

Orders

  • Transfer of the case from Milimani to Kisii Senior Principal Court

Remedies

  • Costs in the cause
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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