REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
MISC. CIVIL APPLICATION NO.299 OF 2001
MOHAMED ABU ALI..............................................PLAINTIFF
=V E R S U S=
KENYA POWER and LIGHTING CO. LTD.....................DEFENDANT
R U L I N G
The applicant who is the 2nd Defendant in Nairobi, Milimani Resident Magistrate’s Court Civil Case No.E.J.780 of 2000, applies for orders that the said case be transferred to Mombasa Chief Magistrate’s Court for hearing and final determination. He does so under Section 18(1)(b) of the Civil Procedure Act.
The grounds put forward in support are that the motor accident the subject of the Respondent’s claim aforesaid occurred at Kipevu, Mombasa; that the applicant and his co-defendant in the case lived and still reside in Mombasa; that the witnesses of the defendants reside and still live in Mombasa; that the defendants if this application will not be granted, will have to transport themselves and their witness to Nairobi during the hearing of…