[2025] KEHC 7578 (KLR)
The High Court found that Kombewa Law Courts have the appropriate geographical jurisdiction over the succession cause. In exercising its powers under section 18 of the Civil Procedure Act and in consideration of the constitutional imperative of access to justice under Article 48, the Court ordered the withdrawal of...
Source-derived case information.
- Citation
- [2025] KEHC 7578 (KLR)
- Parties
- Applicant: Wuodgot Odhiambo Migot; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 126 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings allowed.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Proceedings, Jurisdiction of Courts, Succession Matters
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wuodgot Odhiambo Migot
Applicant
__MISSING__
Respondent
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have geographical jurisdiction over the succession cause.
- 2 Whether the file should be transferred to Kombewa Law Courts to facilitate access to justice.
Ratio Decidendi
The High Court found that Kombewa Law Courts have the appropriate geographical jurisdiction over the succession cause. In exercising its powers under section 18 of the Civil Procedure Act and in consideration of the constitutional imperative of access to justice under Article 48, the Court ordered the withdrawal of the file from Maseno Law Courts and its transfer to Kombewa Law Courts for hearing and determination. The Court further directed that the parties be notified and set a mention date for further directions before the Head of Station at Kombewa Law Courts.
Court Disposition
Application for transfer of proceedings allowed.
Orders
- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- Parties to be notified of the transfer.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate Jeconia Omolo Oyola alias Omolo Ayola (Deceased) (Miscellaneous Succession Application 126 of 2025) [2025] KEHC 7578 (KLR) (4 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7578 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 126 of 2025
A Mabeya, J
June 4, 2025
IN THE MATTER OF THE ESTATE OF JECONIA OMOLO OYOLA alias OMOLO AYOLA (DECEASED) AND IN THE MATTER OF AN APPLICATION BY WUODGOT ODHIAMBO MIGOT - APPLICANT
(From Original Maseno Senior Principal Magistrate Succession Cause No. E380 of 2024)
Ruling
1. I have considered the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa. I have also considered the constitutional imperative of access to justice under Article 48 of the Constitution of Kenya.
2. In the exercise of the jurisdiction of this Court under section 18 of the Civil Procedure Act, Cap 21 Laws of Kenya, this file is hereby withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination. The parties be notified.
3. Mention on 10/6/2025 before the Head of Station, Kombewa Law Courts for further directions.
4. This file is marked as closed.It is so ordered.
DATED and DELIVERED at Kisumu this 4th day of June, 2025. A. MABEYA, FCI, ArbJUDGE