Obwoge v Obwocha [2024] KEHC 12504 (KLR)

Obwoge v Obwocha (Miscellaneous Civil Application E025 of 2024) [2024] KEHC 12504 (KLR) (17 October 2024) (Ruling)

Neutral citation: [2024] KEHC 12504 (KLR)

Republic of Kenya

In the High Court at Homa Bay

Miscellaneous Civil Application E025 of 2024

KW Kiarie, J

October 17, 2024

Between

Ayieko Erustus Obwoge

Applicant

and

Simon Nyamweya Obwocha

Respondent

Ruling

1. The applicant moved the court through a Notice of a motion dated the 13th day of May 2024. It was brought under Sections 3A and 17 of the Civil Procedure Act and Order 51 Rule 1 of the Civil Procedure Rules, and Section 7 of the Magistrates Court Act. The applicant is seeking the following orders:a.That the suit being Homa Bay CMCC/55/2018 between Ayieko Erustus Obwoge and Simon Nyamweya Obwocha be and is hereby transferred from Homabay Chief Magistrate’s Court to Migori Chief Magistrate’s court for hearing and final determination.b.That the costs of this application be in the cause.

2. The applicant has contended that it was erroneously filed in the court without territorial jurisdiction.

3. The respondent was served with the application through the firm of Nyagesoa & Company Advocates. No response or submissions were filed.

4. The application, being unopposed, is allowed with no orders to costs.

DELIVERED AND SIGNED AT HOMA BAY THIS 17THDAY OF OCTOBER 2024KIARIE WAWERU KIARIEJUDGE.