Air Connection Limited v Transafrica Fisheries Ltd [2016] KEHC 6018 (KLR)
- Court
- High Court of Kenya
- Case number
- 6018
- Citation
- [2016] KEHC 6018 (KLR)
- Decided
- 11 March 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureMotion to transfer a civil suit from Nairobi to MombasaCoramJ. K. SERGON
Holding
The motion to transfer the suit is dismissed with costs.
Facts
The plaintiff, Air Connection Limited, claims USD 13,119.21 for export and import cargo services provided to the defendant, Transafrica Fisheries Ltd, between 2005 and 2010. The defendant denied the claim and filed a counter-claim for damages due to the plaintiff's breach of contract.
Issues
- Whether the suit should be transferred from Nairobi to Mombasa Chief Magistrate's Court
- Which court is best suited to hear the case
Reasoning
The court found that the cause of action arose in Nairobi and the defendant admitted jurisdiction in their pleadings. The transaction was partly performed in Mombasa and partly in Nairobi, giving the plaintiff the option to choose the court.
Outcome
Motion dismissed
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.
Loading judgment…