SG v SWK (Miscellaneous Civil Application E032 of 2021) [2021] KEHC 9817 (KLR) (26 November 2021) (Judgment)
- Court
- High Court of Kenya
- Case number
- 9817
- Citation
- [2021] KEHC 9817 (KLR)
- Decided
- 26 November 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureRespondent's application to transfer suit from Nakuru to MombasaCoramJN ONYIEGO
Holding
The court found that the suit was filed in the wrong court and that the applicant voluntarily submitted himself to the jurisdiction of the court. The court dismissed the application to transfer the suit.
Facts
The applicant (SG) moved to Nakuru Children's Court seeking sole custody of the minor SW (9 years) and costs. The applicant later applied to transfer the suit to Mombasa Chief Magistrate's court.
Issues
- Nakuru Children’s court’s jurisdiction to hear the suit
- Whether to transfer the suit from Nakuru to Mombasa
Reasoning
The court held that the suit should have been filed in Mombasa due to the defendant's residence and the Civil Procedure Act's territorial jurisdiction requirements. The applicant's voluntary submission to the court's jurisdiction made it difficult to challenge the court's jurisdiction.
Outcome
Application dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act
- Magistrate's Act
Cases cited (1)
- David Kibingu v Zakarengo
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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