Fragrasso Company Limited v Malindi Management Strategy Ltd T/A Casino Malindi [2015] KEHC 4382 (KLR)
- Court
- High Court of Kenya
- Case number
- 4382
- Citation
- [2015] KEHC 4382 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureDefendant/Applicant seeks transfer of suit from Mombasa to MalindiCoramJustice Mary Kasango
Holding
Application for transfer of suit from Mombasa to Malindi is dismissed
Facts
Magistrate's court case filed in 1995, defendant was resident in Mombasa at the time, applicant moved to Malindi later, respondent admitted jurisdiction of Mombasa court
Issues
- Whether the cause of action arose in Malindi
- Whether the defendant is ordinarily resident in Malindi
Reasoning
Section 15 of the Civil Procedure Act requires the defendant to be resident or carry on business at the commencement of the suit. The defendant was resident in Mombasa at the time, and the respondent admitted jurisdiction. The respondent's delay in bringing the application also defeats the application.
Outcome
Application dismissed
Orders
- Notice of Motion dated 4th April 2015 for reasons stated above is dismissed with costs to the respondent
Authorities cited
Legislation (1)
- 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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