Nzuki v Thunga (Civil Miscellaneous E260 of 2024) [2024] KEHC 11522 (KLR) (27 September 2024) (Ruling) Neutral citation: [2024] KEHC 11522 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU CIVIL MISCELLANEOUS E260 OF 2024 MS SHARIFF, J SEPTEMBER 27, 2024 BETWEEN MILTAH MBULA NZUKI ....................................................................... APPLICANT AND WILLIAM THUNGA ........................................................................... RESPONDENT RULING 1. I have perused the notice of motion dated 12.6.24, the supporting affidavit and the pleadings in Kisumu CMCC No. 297 of 2022: Miltah Mbula Nzuki -vs- William Thunga Ng’ang’a & Others and I note that the accident that is subject of the claim for tortious negligence occurred on 3.10.2019 along Awasi - Kericho road and a police abstract was issued to the Plaintiff in the trial case by the Awasi Traffic subbase wherefore the court with geographical jurisdiction to hear and determine the case is Nyando Law Courts. 2. Premised upon the reasons aforestated the lower court file Kisumu CMCC No. 297 of 2022 is hereby transferred to Nyando Law Courts for hearing and determination. 3. This file is marked as closed. 4. It is hereby so ordered. DATED, SIGNED AND DELIVERED AT KISUMU THIS 27TH DAY OF SEPTEMBER, 2024. M. S. SHARIFF JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/11522/eng@2024-09-27 1
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