Busia Sugar Industry Limited v West Kenya Sugar Company Limited [2017] KEHC 2579 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KITALE

JUDICIAL REVIEW MISCELLANEOUS CIVIL APPLICAITON NO. 4 OF 2016

AN APPLICATION BY BUSIA INDUSTRY LIMITED

THE EXPARTE APPLICANT, FOR LEAVE TO APPLY FOR AN ORDER OF PROHIBITION AND MANDAMUS

AND

IN THE MATTER OF THE FAIR ADMINSTRATIVE ACTION ACT NO. 4 OF 2015

AND

IN THE MATTER OF FRIVOLOUS AND VEXATIOUS INSTITUTION OF SUITS AGAINST BUSIA SUGAR INDUSTRY LIMITED BY WEST KENYA SUGAR INDUSTRY LIMITED AND ITS PROXIES

AND

IN THE MATTER OF ABUSE OF THE COURT PROCESS

BUSIA SUGAR INDUSTRY LIMITED..........................................................APPLICANT

VERSUS

WEST KENYA SUGAR COMPANY LIMITED .........................................RESPONDENT

R U L I N G

1.  The Applicant /Respondent application dated 18/7/2017 prays that this case be  transferred to Busia High Court for determination.  The same is supported by the affidavit of one Tejveer Singh Rai its Managing Director dated 18th July 2017.

2.  When the matter came up for hearing both parties agreed to submit orally which submissions I have carefully perused.    It appears from the facts on record that there has been  various suits litigated before both parties herein.  The same have been litigated in Nairobi, Busia, Kisumu, Kakamega, Bungoma and now Kitale.  Some of the matters  have ended up in the Court of Appeal.

3.  What the applicant state herein is that because  the  parties are domiciled in Busia County, the proper forum would be Busia High Court.  On the other hand the respondent state that the  Busia Court is already adjudicating over other matters between them and therefore for objectively proposes this court ought to hear this application.

4.  It is admitted  of course by the facts that this court has country wide  jurisdiction.  I have perused the pleadings in this matter and the several attachments which are actually pending, completed or partially heard matter between the parties herein.

5.  I am of the considered opinion that this suit would be properly adjudicated here at Kitale for the simple reason that the court in Busia is already adjudicating over other matters concerning the parties.  In any case the substantive prayer in this  “sugar wars” is whether the respondent should be estopped from filing suits against the respondent unless leave of the court is obtained.  In my view the applicant is straight clear and need not spent a lot of  time and resources.

6.  In the premises the application is declined. Let this matter proceed here at Kitale  High Court to its logical conclusion.

Costs of this application shall abide the outcome of the substantive application.

Delivered, signed and dated on this  9th day of October 2017 at Kitale.

In the presence of;

Hassan for the Petitioner

No appearance for the Respondent

Court:Ruling read in open court.

________________

H.K. CHEMITEI

JUDGE

9/10/17