[2024] KEHC 7908 (KLR)

[2024] KEHC 7908 (KLR)

The court found that since the deceased's last place of domicile was Ojola, 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...

Source-derived case information.

Citation
[2024] KEHC 7908 (KLR)
Parties
Applicant: Erick Omondi; Respondent: Adongo James Otil (Deceased)
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Case 055 of 2024
Procedural Posture
Miscellaneous Application / 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
Transfer of Suit, Jurisdiction, Section 18 Civil Procedure Act
Source Language
en
Civil Procedure Transfer of Suit Jurisdiction Section 18 Civil Procedure Act

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Parties

Erick Omondi

Applicant

Adongo James Otil (Deceased)

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Transfer of Suit

Legal Issues

  1. 1 Whether the High Court at Kisumu has jurisdiction to hear the matter concerning the estate of Adongo James Otil.
  2. 2 Whether the matter should be transferred to the Maseno Senior Principal Magistrate’s Court as the court with geographical jurisdiction.

Ratio Decidendi

The court found that since the deceased's last place of domicile was Ojola, 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.