[2024] KEHC 7941 (KLR)

[2024] KEHC 7941 (KLR)

The court found that since the deceased, Charles Onyango Ojwang, was last domiciled in Nyahera, 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...

Source-derived case information.

Citation
[2024] KEHC 7941 (KLR)
Parties
Applicant: Margaret Otieno Onyango
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Family Miscellaneous Application 049 of 2024
Procedural Posture
Family 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
Succession, Transfer of Proceedings, Jurisdiction of Courts
Source Language
en
Family and Children Succession Transfer of Proceedings Jurisdiction of Courts

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Parties

Margaret Otieno Onyango

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 Charles Onyango Ojwang.
  2. 2 Whether the matter should be transferred to the Maseno Senior Principal Magistrate’s Court for hearing and determination.

Ratio Decidendi

The court found that since the deceased, Charles Onyango Ojwang, was last domiciled in Nyahera, 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 by the court best placed to exercise jurisdiction over the estate of the deceased.

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.