MARGARET SIABE & ANOR vs JOHN O. ANTWAKO & ANOR

RULING APPLICATION FOR A TRANSFER OF CASE Upon a motion filed on 28/03/12 premised on Order 3 of the High Court (Civil Procedure) Rules, 2004 (CI 47), the defendants/applicants herein seek an order of the court reporting the matter to the Chief Justice for the transfer of this instant case from this court to any other court in the Eastern Region to be tried therein. The thrust of this application is that the land, the subject matter of this suit is situate at Brekuso in the Eastern Region. Relying on the averments as set out in the accompanying affidavit in support of the application and Order 3 r 2(1)(b) of CI 47, learned Counsel for the defendants/applicants Mr Francis Polley, did submit that the subject matter in dispute is an immovable property situate in the Eastern region. Thus the present action ought to have been commenced in the Eastern region in which it is situate irrespective of where the parties reside. Having referred to the Affidavit In Oppositi...