the civil procedure act - Kenya Law Reports

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14 CAP. 21 Civil Procedure[Rev. 2010local limits of whose jurisdiction the defendant actually and voluntarilyresides or carries on business, or personally works for gain.Suit for immovableproperty situatewithin jurisdiction ofdifferent courts.Suit forcompensation forwrong to the personor movables.13. Where a suit is to obtain relief respecting, or compensation forwrong to, immovable property situate within the jurisdiction of differentcourts, the suit may be instituted in any court within the local limits ofwhose jurisdiction any portion of the property is situate, provided that,in respect of the value of the subject-matter of the suit, the entire claimis cognizable by such court.14. Where a suit is for compensation for wrong done to the personor to movable property, if the wrong was done within the local limitsof the jurisdiction of one court and the defendant resides or carries onbusiness, or personally works for gain, within the local limits of thejurisdiction of another court, the suit may be instituted at the option ofthe plaintiff in either of those courts.Illustration.—(a) A residing in Mombasa beats B in Nairobi. Bmay sue A either in Mombasa or Nairobi.Illustration.—(b) A residing in Mombasa publishes at Nairobistatements defamatory of B. B may sue A either in Mombasa or Nairobi.Other suits to beinstituted wheredefendant resides orcause of action arises.10 of 1969, Sch.15. Subject to the limitations aforesaid, every suit shall beinstituted in a court within the local limits of whose jurisdiction—(a) the defendant or each of the defendants (where there aremore than one) at the time of the commencement of the suit,actually and voluntarily resides or carries on business, orpersonally works for gain; or(b) any of the defendants (where there are more than one) atthe time of the commencement of the suit, actually andvoluntarily resides or carries on business, or personally worksfor gain, provided either the leave of the court is given, orthe defendants who do not reside or carry on business, orpersonally work for gain, as aforesaid acquiesce in suchinstitution; or(c) the cause of action, wholly or in part, arises.Explanation.(1)—Where a person has a permanent dwelling atone place and also a temporary residence at another place, he shall bedeemed to reside at both places in respect of any cause of action arisingat the place where he has such temporary residence.Explanation.(2)—A corporation shall be deemed to carry on
Rev. 2010] Civil Procedure CAP. 21 15cause of action arising at any place where it has also a subordinateExplanation.(3)—In suits arising out of contract, the cause ofaction arises within the meaning of this section at any of the followingplaces, namely—(i) the place where the contract was made;(ii) the place where the contract was to be performed or theperformance thereof completed;(iii) the place where in performance of the contract anymoney to which the suit relates was expressly orimpliedly payable.Illustration.—(a) A is a tradesman in Nairobi. B carries onbusiness in Mombasa. B by his agent at Nairobi buys goods of A andrequests A to deliver them to Mombasa by rail. A may sue B for the priceof the goods either in Nairobi, where the cause of action has arisen, orin Mombasa, where B carries on business.Illustration.—(bMombasa. A, B, and C being together at Nakuru, B and C make a jointpromissory note payable on demand and deliver it to A. A may sue Band C at Nakuru, where the cause of action arose. He may also suethem at Nairobi, where B resides, or at Mombasa, where C resides; butin each of these cases, if the non-resident defendant objects, the suitcannot proceed without the leave of the court.16. No objection as to the place of suing shall be allowed on appealhas been a consequent failure of justice.Objections tojurisdiction.17. Where a suit may be instituted in any one of two or moresubordinate courts, and is instituted in one of those courts, any defendantafter notice to the other parties, or the court of its own motion, may, atthe earliest possible opportunity, apply to the High Court to have thesuit transferred to another court; and the High Court after consideringthe objections, if any, shall determine in which of the several courtshaving jurisdiction the suit shall proceed.18. (1) On the application of any of the parties and after noticeto the parties and after hearing such of them as desire to be heard, or ofits own motion without such notice, the High Court may at any stage—Power to transfersuits which may beinstituted inmore than one court.Power of HighCourt to withdrawand transfer caseinstituted in
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