Busia Sugar Industry Limited v West Kenya Sugar Company Limited [2017] KEHC 2579 (KLR)
- Court
- High Court of Kenya
- Case number
- 2579
- Citation
- [2017] KEHC 2579 (KLR)
- Decided
- 9 October 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for transfer of case to Busia High Court declinedCoramH.K. CHEMITEI
Holding
The application is declined and the case will proceed at Kitale High Court.
Facts
Various suits have been litigated between the parties in different courts, including Nairobi, Busia, Kisumu, Kakamega, Bungoma, and Kitale. The substantive issue is whether the respondent should be estopped from filing suits against the applicant without court leave.
Issues
- Whether the proper forum for the case is Busia High Court
- Whether the respondent should be estopped from filing suits against the applicant without court leave
Reasoning
The court in Busia is already adjudicating over other matters concerning the parties, and the substantive prayer is whether the respondent should be estopped from filing suits against the respondent without court leave.
Outcome
Application declined
Orders
- Application for transfer of case to Busia High Court declined
Authorities cited
Legislation (1)
- Fair Administrative Action Act No. 4 of 2015
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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