LIVINGSTONE MAINA OMBETE V. KENYA POWER & LIGHTING COMPANY LIMITED

JUDGMENT OF THE COURT

[1] The appellant, Livingstone Maina Ombete, filed suit before the Chief Magistrate’s Court in Nairobi being Civil Suit No.1055 of 2014 claiming special and general damages against the respondent, Kenya Power and Lighting Company Limited. In the suit, the appellant alleged that the respondent trespassed upon his parcel of land known as KISA/WAMBULISHE/499 situated in Kakamega County (hereinafter referred to as “the suit property”) and felled 30 eucalyptus trees to enable the respondent erect power poles to supply electricity. The respondent denied the claim vide its statement of defence filed in court on 6^th May, 2014.

[2] Before the suit could be set down for hearing, the respondent applied to the High Court by Notice of Motion dated 21^st August, 2014 for the suit to be transferred from the Magistrate’s Court in Nairobi to the Magistrate’s Court in Kakamega inter alia on the grounds that the suit property is based in Kakamega County; the respondents witnesses are …