Hillary Kiplangat Ng’eno v Beatrice Chelangat [2020] KEHC 2052 (KLR)
- Court
- High Court of Kenya
- Case number
- 2052
- Citation
- [2020] KEHC 2052 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureApplication for stay of proceedings and transfer of caseCoramA. N. ONGERI
Holding
The Application is allowed, and Sotik PMCC No. 9 of 2020 is transferred to Kapsabet Law Courts for hearing and determination.
Facts
Two minors are involved in a paternity suit filed at Sotik PMCC No.9 of 2020. The Plaintiff/Respondent filed the case at Sotik PM Court due to the COVID-19 pandemic, while the Defendant/Applicant resides and works in Nandi County, within the jurisdiction of Kapsabet Court.
Issues
- Whether the suit should be transferred to Kapsabet Principal Magistrates' Court
- Whether the Application is meritorious
Reasoning
The suit should be filed where the defendant resides or where the cause of action arose. The Plaintiff/Respondent filed the case at Sotik PM Court due to the pandemic, while the Defendant/Applicant resides in Nandi County, within the jurisdiction of Kapsabet Court.
Outcome
The Application is allowed.
Orders
- Sotik PMCC No. 9 of 2020 be transferred to Kapsabet Law Courts for hearing and determination
- The costs of the Application to be in the cause
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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