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DISTRICT COURT (CIVIL PROCEDURE) RULES, 2004

 

      Rule        

 

ORDER 5

VENUE AND TRANSFER

 

Venue of proceedings

1. This rule is subject to section 104 of the Courts Act, 1993 (Act 459) which empowers the Chief Justice to transfer a suit from one Court to another.

(1) A cause or matter that relates to immovable property or an interest in immovable property shall be commenced in the magisterial district in which the immovable property or part of it is situated.

(2) A cause or matter that relates to movable property destrained or seized for a cause shall be commenced in the magisterial district in which the distraint or seizure takes place.

(3) A cause or matter to recover penalty or forfeiture against a public officer shall be commenced in the magisterial district where the cause of action arises.

(4) A cause or matter for specific performance of a contract or in respect of breach of contract, shall be commenced in the magisterial district in which the contract ought to have been performed or in which the defendant resides or carries on business.

(5) Any other cause or matter shall be commenced in the magistrate' district in which the defendant resides or carries on business.

(6) Where there are two or more defendants resident in different magisterial districts the cause or matter may be commenced in any of the magisterial districts.

Transfer of proceedings

2. (1) Where a cause or matter is commenced in a magisterial district other than that in which it ought to have been commenced under rule 1, it may continue in the magisterial district in which it is commenced unless

                                  (a) the defendant raises an objection to the jurisdiction before or at the time the .                                  plaintiff's    case is commenced, or


                                    (b) the Court reports to a Supervising Judge of the High Court that in its opinion the .    .                                   proceedings ought to be transferred and the Supervising Judge of the High Court .     .     .                             orders the transfer.

(2) Proceedings taken before an objection is raised to the jurisdiction as regards venue shall not be affected by the objection, but if the Court is satisfied that the objection is well founded, the Court shall inform the Supervising Judge of the High Court for the cause or matter to be trans­ferred to the magisterial district which has jurisdiction and the Super­vising Judge of the High Court may make the order as that Judge considers appropriate.

(3) Where two actions on the same subject matter with substan­tially the same parties are pending simultaneously in two different District Courts, the Magistrate of the Court where the action was first filed shall in writing inform the Supervising High Court Judge for the District of the pendency of the matter in the different District Courts.

(4) The Supervising High Court Judge shall decide the forum for trial and notify the registrars of the two district Courts with instructions for them to notify the parties concerned.

(5) The decision of the Supervising High Court Judge is final.

(6) Despite subrules (2) and (3), in an action for maintenance, child custody, paternity or other matrimonial cause or adoption commenced in the Court contrary to subrule (1), the magistrate before whom an objection is taken may for good reasons stated, and with regard to all the circumstances, assume jurisdiction over the case.

 

 

 

 

 

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