[2024] KEHC 11050 (KLR)
The court determined that since the deceased's last place of domicile was Ojola, the court with the appropriate 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...
Source-derived case information.
- Citation
- [2024] KEHC 11050 (KLR)
- Parties
- Applicant: Wilkister Akinyi Ayieko
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Family Miscellaneous Civil Case 204 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Transfer of Proceedings
- Outcome
- Matter transferred to Maseno Senior Principal Magistrate’s Court for hearing and determination.
- Judges
- MS Shariff
- Legal Topics
- Transfer of Proceedings, Jurisdiction, Probate and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilkister Akinyi Ayieko
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the High Court at Kisumu has jurisdiction to hear the matter concerning the estate of Ayieko Nyadida.
- 2 Whether the matter should be transferred to the Maseno Senior Principal Magistrate’s Court for hearing and determination.
Ratio Decidendi
The court determined that since the deceased's last place of domicile was Ojola, the court with the appropriate 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 Court for further hearing and determination. The transfer ensures that the matter is heard in the proper forum as required by law.
Court Disposition
Matter transferred to Maseno Senior Principal Magistrate’s Court for hearing and determination.
Orders
- The matter is transferred to Maseno Senior Principal Magistrate’s Court for further hearing and determination.
Full Case Text
Judgment text and source record
15 paragraphs
In re Ayieko Nyadida (Deceased) (Miscellaneous Case 204 of 2024) [2024] KEHC 11050 (KLR) (16 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11050 (KLR)
Republic of Kenya
In the High Court at Kisumu
Family Miscellaneous Civil Case 204 of 2024
MS Shariff, J
September 16, 2024
IN THE MATTER OF AYIEKO NYADIDA (DECEASED)
In the matter of
Wilkister Akinyi Ayieko
Applicant
Ruling
1. Whereas the deceased one Ayieko Nyadida died on 12th July, 2002 and whereas his last place of domicile was Ojola and whereas the court with the geographical jurisdiction is Maseno Senior Principal Magistrate’s Court, I do hereby pursuant to the provisions of Section 18 of the Civil Procedure Act CAP 21 Laws of Kenya transfer this matter to Maseno SPM court for further hearing and determination.
2. It is hereby so ordered.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 16TH DAY OF SEPTEMBER, 2024. M. S. SHARIFFJUDGE