The court found that both the plaintiff and defendants resided or carried on business in Mombasa at the time the suit was filed, and the cause of action arose in Mombasa. Under Section 15 of the Civil Procedure Act, the suit should have been instituted in Mombasa, not Nairobi. The statutory language does not grant the plaintiff discretion where the conditions of Section 15 are met. The applicant satisfied the burden of showing good grounds for transfer, as hearing the case in Nairobi would impose unnecessary expense and inconvenience. The court rejected the respondent's argument that the plaintiff had unfettered choice of forum, holding that statutory venue requirements are mandatory where applicable. Accordingly, the court ordered the transfer of the suit to Mombasa Chief Magistrate’s Court.