[2022] KEHC 14784 (KLR)

[2022] KEHC 14784 (KLR)

The court determined that since the subject matter of the succession cause originates from the jurisdiction of the Madiany Law Courts, which are now fully operationalized and gazetted, it is appropriate and in accordance with the law to transfer Bondo PM P&A No E118 of 2022 to the Madiany Law Courts for hearing and...

Source-derived case information.

Citation
[2022] KEHC 14784 (KLR)
Parties
Applicant: Abedinego Olongo alias Olongo Otheng (Deceased)
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Succession Cause 46 of 2022
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Outcome
The succession cause is transferred to the Madiany Law Courts for hearing and final determination. The file at Siaya is closed.
Judges
RE Aburili
Legal Topics
Succession Proceedings, Transfer of Cause, Jurisdiction of Court
Source Language
en
Family and Children Succession Proceedings Transfer of Cause Jurisdiction of Court

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Parties

Abedinego Olongo alias Olongo Otheng (Deceased)

Applicant

Procedural Posture

Succession Cause / Ruling on Transfer of Proceedings

Legal Issues

  1. 1 Whether the succession cause should be transferred to the Madiany Law Courts for hearing and determination.

Ratio Decidendi

The court determined that since the subject matter of the succession cause originates from the jurisdiction of the Madiany Law Courts, which are now fully operationalized and gazetted, it is appropriate and in accordance with the law to transfer Bondo PM P&A No E118 of 2022 to the Madiany Law Courts for hearing and final determination. This ensures that the matter is handled by the court with proper territorial jurisdiction, promoting judicial efficiency and compliance with statutory requirements.

Court Disposition

The succession cause is transferred to the Madiany Law Courts for hearing and final determination. The file at Siaya is closed.

Orders

  • Bondo PM P&A No E118 of 2022 is transferred to Madiany Law Courts for hearing and final determination.
  • The original Bondo file plus copies of this order and ruling to be transmitted to Madiany Law Courts.