MOI UNIVERSITY V MARIAKANI AUTO PARTS LTD (Miscellaneous Civil Application 108 of 2006) [2008] KEHC 2671 (KLR) (17 April 2008) (Ruling)
- Court
- High Court of Kenya
- Case number
- 2671
- Citation
- [2008] KEHC 2671 (KLR)
- Decided
- 17 April 2008
The court denies the application, finding the Eldoret CMCC has jurisdiction and the convenience of the parties and witnesses is not a valid reason for transfer.
Facts
The defendant, Mariakani Auto Parts Ltd, seeks to transfer a suit from Eldoret CMCC No. 1268 of 2004 to the Chief Magistrate’s Court Mombasa. The defendant claims the suit arises from events in Mombasa, has its registered office and business there, and has purchased the subject matter of the suit at its Mombasa shop. The defendant's witnesses are based in Mombasa, and one is half paralyzed.
Issues
- Jurisdiction of Eldoret CMCC
- Convenience of parties and witnesses
Reasoning
The court rules that the Eldoret CMCC has jurisdiction over the case, and the convenience of the parties and witnesses is not a sufficient reason to transfer the case.
Outcome
Application denied
Orders
- Application for transfer of suit from Eldoret CMCC to Chief Magistrate’s Court Mombasa denied
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