[2024] KEHC 7944 (KLR)
The court determined that since the deceased's last place of domicile was Upper Kombewa, 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...
Source-derived case information.
- Citation
- [2024] KEHC 7944 (KLR)
- Parties
- Applicant: Tobias Erick Omondi
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Family Cause 056 of 2024
- Procedural Posture
- Family Cause / Ruling on Transfer of Suit
- Outcome
- Matter transferred to Maseno Senior Principal Magistrate’s Court for further hearing and determination.
- Judges
- MS Shariff
- Legal Topics
- Succession, Jurisdiction, Transfer of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tobias Erick Omondi
Applicant
Procedural Posture
Family Cause / Ruling on Transfer of Suit
Legal Issues
- 1 Whether the High Court at Kisumu has jurisdiction to hear the matter concerning the estate of Dibo William Otieno.
- 2 Whether the matter should be transferred to the Maseno Senior Principal Magistrate’s Court.
Ratio Decidendi
The court determined that since the deceased's last place of domicile was Upper Kombewa, 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 Court for further hearing and determination.
Court Disposition
Matter transferred to Maseno Senior Principal Magistrate’s Court for further 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
14 paragraphs
In re Estate Dibo William Otieno (Deceased) (Family Cause 056 of 2024) [2024] KEHC 7944 (KLR) (28 June 2024) (Ruling)
Neutral citation: [2024] KEHC 7944 (KLR)
Republic of Kenya
In the High Court at Kisumu
Family Cause 056 of 2024
MS Shariff, J
June 28, 2024
In the matter of
Tobias Erick Omondi
Applicant
Ruling
1. Whereas the deceased one Dibo William Otieno died on 25th December, 2004 and whereas his last place of domicile was Upper Kombewa 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 28TH DAY OF JUNE, 2024. MWANAISHA S. SHARIFFJUDGE