[2022] KEHC 14785 (KLR)
The court determined that since the subject matter of the succession cause originates from the jurisdiction of the Madiany law courts, and those courts are now fully operationalized and gazetted, it is appropriate and in accordance with the law to transfer Bondo PM P&A No E176 of 2022 to the Madiany law courts for...
Source-derived case information.
- Citation
- [2022] KEHC 14785 (KLR)
- Parties
- Applicant: Joseph Otumba Adam; Applicant: John Ambanga Midega; Applicant: Zephania Job Otieno Monica Opiyo Atwang’
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 39 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Bondo PM P&A No E176 of 2022 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 to Madiany law courts. Copies are also to be submitted to Bondo PM’s court for records and notification of parties. The file at Siaya is...
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Transfer of Cause, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Otumba Adam
Applicant
John Ambanga Midega
Applicant
Zephania Job Otieno Monica Opiyo Atwang’
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the succession cause should be transferred to the Madiany law courts for hearing and determination.
- 2 Whether the Bondo PM P&A E176 of 2022 falls within the jurisdiction of the Madiany law courts.
Ratio Decidendi
The court determined that since the subject matter of the succession cause originates from the jurisdiction of the Madiany law courts, and those courts are now fully operationalized and gazetted, it is appropriate and in accordance with the law to transfer Bondo PM P&A No E176 of 2022 to the Madiany law courts for hearing and final determination. The transfer ensures that the matter is heard by the court with proper jurisdiction, thereby upholding the principles of judicial administration and efficiency.
Court Disposition
Bondo PM P&A No E176 of 2022 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 to Madiany law courts. Copies are also to be submitted to Bondo PM’s court for records and notification of parties. The file at Siaya is...
Orders
- Bondo PM P&A No E176 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.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Adam Walter Midega alias Adam Walter Midega Ojung (Deceased) (Succession Cause 39 of 2022) [2022] KEHC 14785 (KLR) (2 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14785 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 39 of 2022
RE Aburili, J
November 2, 2022
IN THE MATTER OF THE ESTATE OF ADAM WALTER MIDEGA ALIAS ADAM WALTER MIDEGA OJUNG (DECEASED)
AND IN THE MATTER OF JOSEPH OTUMBA ADAM, JOHN AMBANGA MIDEGA &ZEPHANIA JOB OTIENOMONICA OPIYO ATWANG’-ADMINISTRATORS (Originating from Bondo PM Succession Cause No. E176 of 2022)
Ruling
1. Bondo PM P&A E176 of 2022 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 E176 of 2022 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 2NDDAY OF NOVEMBER, 2022R.E. ABURILIJUDGE