[2024] KEHC 11200 (KLR)
The court found that since the deceased's last place of domicile was Kochieng East, the Nyando Senior Principal Magistrate’s Court has the appropriate geographical jurisdiction to hear and determine the matter. Pursuant to Section 18 of the Civil Procedure Act, the High Court exercised its discretion to transfer the...
Source-derived case information.
- Citation
- [2024] KEHC 11200 (KLR)
- Parties
- Applicant: Rose Omolo Agat
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Family Miscellaneous Application 215 of 2024
- Procedural Posture
- Family Miscellaneous Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer allowed.
- Judges
- MS Shariff
- Legal Topics
- Transfer of Proceedings, Jurisdiction, Succession Matters
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rose Omolo Agat
Applicant
Procedural Posture
Family 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 Bonfas Rajoro Oloya.
- 2 Whether the matter should be transferred to the Nyando Senior Principal Magistrate’s Court for hearing and determination.
Ratio Decidendi
The court found that since the deceased's last place of domicile was Kochieng East, the Nyando Senior Principal Magistrate’s Court has the appropriate geographical jurisdiction to hear and determine the matter. Pursuant to Section 18 of the Civil Procedure Act, the High Court exercised its discretion to transfer the proceedings to the Nyando SPM Court for further hearing and determination.
Court Disposition
Application for transfer allowed.
Orders
- The matter is transferred to Nyando Senior Principal Magistrate’s Court for further hearing and determination.
Full Case Text
Judgment text and source record
15 paragraphs
In re Bonfas Rajoro Oloya alias Rajoro Oloya (Deceased) (Family Miscellaneous Application 215 of 2024) [2024] KEHC 11200 (KLR) (16 September 2024) (Ruling)
Neutral citation: [2024] KEHC 11200 (KLR)
Republic of Kenya
In the High Court at Kisumu
Family Miscellaneous Application 215 of 2024
MS Shariff, J
September 16, 2024
IN THE MATTER OF BONFAS RAJORO OLOYA alias RAJORO OLOYA (DECEASED)
In the matter of
Rose Omolo Agat
Applicant
Ruling
1. Whereas the deceased one Bonfas Rajoro Oloya alias Rajoro Oloya died on 12th November, 1990 and whereas his last place of domicile was Kochieng East and whereas the court with the geographical jurisdiction is Nyando 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 Nyando SPM court for further hearing and determination.
2. It is hereby so ordered.
DELIVERED, SIGNED AND DATED AT KISUMU THIS 16THDAY OF SEPTEMBER, 2024. M. S. SHARIFFJUDGE