Pangaea Holdings (K) Limited v Hacienda DevelopmentHoldings Limited [2015] KEHC 5668 (KLR)

Facts

The Plaintiff filed a suit against the Defendant alleging that the Defendant attempted to bribe one of the Defendant's witnesses and that the Defendant's witness had illegitimate access to the Plaintiff's funds.

Issues

1. Whether the firm of Bowyer Mahihu & Co. Advocates by its Partners and Associates should be barred from representing the Plaintiff in this suit.
2. Whether the Plaintiff's suit should be struck out with costs.
3. Whether the suit should be transferred to the High Court of Kenya at Mombasa for hearing

Reasoning

The Court considers that the Defendant's residence and the cause of action arising in Mombasa were known to the Defendant at the time of filing the suit. The Court agrees with the Defendant's position that it is expensive for them to pay for air travel, airport transfers, and hotel expenses for their witnesses and Advocate. The Court transfers the suit to the High Court of Kenya at Mombasa for hearing and disposal.

Outcome

The Defendant's Notice of Motion dated 27th October 2014 and filed on 29th October 2014 has succeeded only in terms of prayer (d). The Defendant shall bear the costs of this application.

Authorities cited