MASINDE MULIRO UNIVERSITY OF SCIENCE AND TECHNOLOGY v FRACA SERVCOM LTD [2010] KEHC 2825 (KLR)
- Court
- High Court of Kenya
- Case number
- 2825
- Citation
- [2010] KEHC 2825 (KLR)
- Decided
- 29 April 2010
The application is granted and the case is transferred to the Chief Magistrate's Court at Kakamega for hearing and final determination.
Facts
The Plaintiff ordinarily carries on business in Eldoret while the Defendant does its business at Kakamega. Goods were ordered for from Eldoret to be delivered to Kakamega.
Issues
- Whether the Eldoret court has jurisdiction over the case.
- Whether the case should be transferred to the Chief Magistrate's Court at Kakamega to avoid unnecessary expense and inconvenience.
Reasoning
The Defendant's business is in Kakamega, and the performance of the contract took place there. The court in Eldoret has the jurisdiction to hear the case, but the Defendant has objected to the continuation of the case in Eldoret. The court in Kakamega is more appropriate due to the Defendant's business location and to avoid unnecessary expense.
Outcome
The Eldoret CM.CC.No.1019 of 2009 is transferred to the Chief Magistrate's Court at Kakamega for hearing and final determination.
Orders
- Eldoret CM.CC.No.1019 of 2009 is transferred to the Chief Magistrate's Court at Kakamega for hearing and final determination.
Remedies
- The case is transferred to the Chief Magistrate's Court at Kakamega for hearing and final determination.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Order L Rule 1 of the Civil Procedure Rules
Cases cited (1)
- MATAYO K. KABOHA –VS- ABIBU BIN ABDULLA AND OTHERS (1936-51) 6 U.L.R 121
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