Simon Imbayi Kubasu v James Ngari Mwangi [2019] KEHC 211 (KLR)
- Court
- High Court of Kenya
- Case number
- 211
- Citation
- [2019] KEHC 211 (KLR)
- Decided
- 22 November 2019
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication for leave to file suit in Chief Magistrate's CourtCoramS.N. RIECHI
Holding
The application is dismissed with costs to the respondent.
Facts
The applicant, Simon Imbayi Kubasu, was involved in a road traffic accident on November 30, 2017, while on duty in Kirinyaga County. He sustained serious spinal cord injuries and is now paralyzed, unable to travel to Kirinyaga County to file his claim.
Issues
- Whether the applicant should be allowed to file his suit within Bungoma County jurisdiction.
- Whether the court has jurisdiction to hear the case.
Reasoning
The court found that the applicant's place of residence is Bungoma County, while the cause of action arose in Kirinyaga County. The court ruled that the applicant lacks merit due to lack of jurisdiction.
Outcome
Application dismissed
Orders
- Application dismissed with costs
Authorities cited
Legislation (2)
- Civil Procedure Act
- Road Traffic 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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