The applicant in this matter in the application dated 08.12.2022 seeks to transfer of the suit filed in the Small Claims Court to this court for hearing and determination. It claims that its proposed counterclaim exceeds the jurisdiction of the Small Claims Court. I am not satisfied that the Applicant has made out a case for transfer of the suit. It is entitled to file its own claim and the Plaintiff in the Small Claims court should not be deprived of his right to have his claim determined in the manner provided for in that court.
The application is dismissed with costs of Kshs. 10,000.00.
DATED and DELIVERED at NAIROBI this 19th day of DECEMBER 2022
D. S. MAJANJA
JUDGE