DAVID KIPILLAH SIPARO AND WILSON SABARA SIPARO AND 4 Others VS MATHE MENGE OMBANE AND SIBIS KWAMBOKA OBARE AND 3 Others

RULING

1. The Court has considered the application and submissions by the parties and the only reason advanced by the Applicant is that the Defendant documents are voluminous that it is impossible to proceed with this matter before this Court.
2. The Respondent have opposed the application on the basis that this is an old matter which the Plaintiff closed their case over one year ago.
3. Similarly, the suit has a hearing date slated for 02.07.2025.
4. The Respondent was of the view that appropriate directions had been issued to assist the Defendant testify and complete the matter.
5. Indeed, the Court takes note that this matter has a hearing date of 02.07.2025.
6. This date is about 14 days away and any transfer would ideally forestall the hearing date.
7. As counsel for the Plaintiff have stated the Court issued appropriate directions on how it would receive the evidence of the Defence through online hearing.
8. Similarly, the Defendants have all filed their documents which the Court can appreciate as the matter proceeds.
9. The question then is what is the main reason that this file should be transferred back to Kilgoris when it only remains the Defendant.
10. In the Court’s view, to interfere with the hearing dates for 02.07.2025 by a transfer would delay the completion of the matter.
11. Consequently, in the interest of justice and an effort to complete the file, this application for transfer is declined and dismissed with costs.
12. The Defence hearing slated for 02.07.2025 is confirmed and Defendants are at liberty to attend either physically or virtually to testify and produce their documents.

IN THE PRESENCE OF;

Court Assistant: Brian

Plaintiff: Mr. Kamwaro and Mr. Shira for the Plaintiff

Defendant: Mr. Gichana for 1^st and 15^th Defendants/Applicnat

  Mr. Wafula for the 2^nd Defendant