ABID ALI HASHIM v ANTONY KIHONGE MUHIA [2008] KEHC 471 (KLR)
- Court
- High Court of Kenya
- Case number
- 471
- Citation
- [2008] KEHC 471 (KLR)
- Decided
- 28 November 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicant seeks transfer of case from Nairobi CMCCC to Mombasa CMCCCCoramSir Udoma Udoma, Visram
Holding
The court orders the transfer of the case from Nairobi CMCCC to Mombasa CMCCC.
Facts
The suit involves a motor vehicle purchase agreement, and the defendant resides and conducts business in Mombasa.
Issues
- Whether the Nairobi CMCCC lacks jurisdiction to hear the case.
- Whether the case should be transferred to the Mombasa CMCCC
Reasoning
The cause of action arose in Mombasa, and the defendant resides there. The Nairobi CMCCC lacked territorial jurisdiction, and the court exercises its discretion to transfer the case to a court with competent jurisdiction.
Outcome
The applicant's application is granted.
Orders
- Transfer of Nairobi CMCCC No. 8792 of 2007 to Mombasa CMCCC for hearing and final disposal
Remedies
- The applicant is awarded costs of the application.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Magistrate's Court Act
Cases cited (1)
- Kagenyi vs. Musiramo & Anor [1968] EA 43
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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