PAUL KIRWA v JACKSON KIPLAGAT ARAP MELI & 5others [2008] KEHC 1816 (KLR)
- Court
- High Court of Kenya
- Case number
- 1816
- Citation
- [2008] KEHC 1816 (KLR)
- Decided
- 8 May 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to transfer suit to High Court at KitaleCoramM.A. ANG’AWA
Holding
The suit will proceed in Nairobi and the plaintiff will bear the costs of travel and substances allowance of witnesses.
Facts
The suit was filed in the High Court of Kenya at Nairobi, and the parties reside in Kitale.
Issues
- Whether the suit should be transferred to the High Court at Kitale
- Whether the plaintiff should bear the costs of travel and substances allowance of witnesses
Reasoning
The court follows Section 12 of the Civil Procedure Act, which requires suits to be filed in the nearest court. Since the parties reside in Kitale, the suit should have been filed there. However, the plaintiff did not appear during the application, and no grounds were filed. The court declines to transfer the suit and orders it to proceed in Nairobi.
Outcome
The suit will proceed in Nairobi
Orders
- Order that the suit proceeds in Nairobi
Authorities cited
Legislation (2)
- Civil Procedure Act
- Section 17 of the Civil Procedure Act
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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