[2022] KEHC 14888 (KLR)
The court determined that since the subject matter of the Succession Cause originates from the jurisdiction of the now fully operationalized Madiany Law Courts, it is appropriate and in accordance with the law to transfer the proceedings from Bondo PM's Court to Madiany Law Courts for hearing and final...
Source-derived case information.
- Citation
- [2022] KEHC 14888 (KLR)
- Parties
- Applicant: Michael Omondi Omusi
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 23 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- The Succession Cause is transferred to Madiany Law Courts for hearing and final determination. The original file and copies of the order and ruling are to be transmitted accordingly. The file at the High Court at Siaya is closed.
- Judges
- RE Aburili
- Legal Topics
- Probate and Administration, Transfer of Succession Cause, Jurisdiction of Courts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Omondi Omusi
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Succession Cause should be transferred from Bondo PM's Court to 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 now fully operationalized Madiany Law Courts, it is appropriate and in accordance with the law to transfer the proceedings from Bondo PM's Court to 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 Madiany Law Courts for hearing and final determination. The original file and copies of the order and ruling are to be transmitted accordingly. The file at the High Court at Siaya is closed.
Orders
- Bondo PM P&A No E319/2021 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.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Abidha Oracha (Deceased) (Succession Cause 23 of 2022) [2022] KEHC 14888 (KLR) (2 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14888 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 23 of 2022
RE Aburili, J
November 2, 2022
IN THE MATTER OF THE ESTATE OF ABIDHA ORACHA (DECEASED) AND IN THE MATTER OF MICHAEL OMONDI OMUSI-ADMINISTRATOR (Originating from Bondo PM Succession Cause No. E319 of 2021)
Ruling
1. Bondo PM P&A E319/2021 was submitted to this court for directions.
2. As the subject matter of the Succession Cause originates from the jurisdiction of the gazetted and now fully operationalized Madiany Law Courts. I hereby transfer Bondo PM P&A No E319/2021 to Madiany Law Courts for hearing and final determination.
3. The original Bondo file plus copies of this order and ruling to be transmitted to Madiany Law Courts.
4. The copies of Ruling and order to be submitted to Bondo PM’s court for their records and notification of parties.
5. This file is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 2ND DAY OF NOVEMBER, 2022R.E. ABURILIJUDGE