[2024] KEHC 11201 (KLR)

[2024] KEHC 11201 (KLR)

The court found that since the deceased's last place of domicile was Nyahera, the court with the proper geographical jurisdiction is the Maseno Senior Principal Magistrate’s Court. Pursuant to Section 18 of the Civil Procedure Act, the High Court at Kisumu ordered the transfer of the matter to the Maseno SPM’s Court...

Source-derived case information.

Citation
[2024] KEHC 11201 (KLR)
Parties
Applicant: Teresa Atieno Athunga
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Family Miscellaneous Application 221 of 2024
Procedural Posture
Family Miscellaneous Application / Ruling on Transfer of Proceedings
Outcome
Application for transfer granted.
Judges
MS Shariff
Legal Topics
Transfer of Proceedings, Jurisdiction of Courts
Source Language
en
Civil Procedure Family and Children Transfer of Proceedings Jurisdiction of Courts

Source-derived case record

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Parties

Teresa Atieno Athunga

Applicant

Procedural Posture

Family Miscellaneous Application / Ruling on Transfer of Proceedings

Legal Issues

  1. 1 Whether the High Court at Kisumu has jurisdiction to hear the matter concerning the estate of Athunga Patric Athunga.
  2. 2 Whether the matter should be transferred to the Maseno Senior Principal Magistrate’s Court based on the deceased's last place of domicile.

Ratio Decidendi

The court found that since the deceased's last place of domicile was Nyahera, the court with the proper geographical jurisdiction is the Maseno Senior Principal Magistrate’s Court. Pursuant to Section 18 of the Civil Procedure Act, the High Court at Kisumu ordered the transfer of the matter to the Maseno SPM’s Court for further hearing and determination. The transfer ensures that the matter is heard in the appropriate forum as required by law.

Court Disposition

Application for transfer granted.

Orders

  • The matter is transferred to Maseno Senior Principal Magistrate’s Court for further hearing and determination.