Dominc Nyamema Gor v Michael Ombara Ajuoga & another [2016] KEELC 52 (KLR)
The bottom line
#The court refused to return a land case to the High Court because it was already awaiting judgment in the lower court and no valid reason was shown.
What this practically means
#Executive summary
#Key legal issues
#Whether the Applicant made a reasonable case for transfer of the suit from the lower court to the High Court
The application was dismissed because the suit was pending judgment and no grounds justified the transfer; the transfer had been ordered by a court of concurrent jurisdiction and the proper remedy was an appeal.
Both parties had already testified before the lower court, with only judgment remaining. The transfer of Kisumu HCCC No.245 of 1998 to the lower court was ordered by a court of concurrent jurisdiction. The notice of motion was neither for review nor setting aside of the transfer order, and in any event it was too late for such an application. An aggrieved party's forum was the Court of Appeal.
Costs
Costs were awarded to the Respondents as the application was dismissed with costs.
Following the dismissal of the notice of motion as without merit, the normal rule of costs following the event applied, and the Applicant was ordered to pay the Respondents' costs of the application.
Legal principles established
#- A court of concurrent jurisdiction's transfer order cannot be disturbed; the remedy for a party aggrieved by such a transfer order lies in appeal, not in an application before the same court.
- A court will not order the transfer of a civil suit pending judgment in a lower court absent grounds justifying the transfer.
Court orders
#- 1.The Applicant's notice of motion dated 16th July 2014 seeking to transfer Kisumu CMCC No.232 of 2003 to the High Court was dismissed with costs
- Jurisdiction invoked
- Inherent jurisdiction of the High Court/ELC over suits transferred to subordinate courts (order for transfer of a suit for hearing)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Dominc Nyamema Gor v Michael Ombara Ajuoga & another [2016] KEELC 52 (KLR)", Case Analysis (2016). Kisumu HCCC No.245 of 1998 (registered as Kisumu CMCC No.232 of 2003). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/52/eng@2016-12-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.