[2022] KEHC 14957 (KLR)
The court determined that since the Madiany Law Courts are gazetted and fully operationalized, and the subject matter falls within their jurisdiction, it is proper and necessary for Bondo PM P&A Cause No E013/2022 to be transferred to the Madiany Law Courts for hearing and final determination. The transfer ensures...
Source-derived case information.
- Citation
- [2022] KEHC 14957 (KLR)
- Parties
- Applicant: Margaret Atieno Ogola; Respondent: Agola Amala alias Mathew Ogola Amala (Deceased)
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 8 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Bondo PM P&A Cause No E013/2022 ordered transferred to Madiany Law Courts; file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Transfer of Succession Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Atieno Ogola
Applicant
Agola Amala alias Mathew Ogola Amala (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether Bondo PM P&A Cause No E013/2022 should be transferred to the Madiany Law Courts for hearing and determination.
Ratio Decidendi
The court determined that since the Madiany Law Courts are gazetted and fully operationalized, and the subject matter falls within their jurisdiction, it is proper and necessary for Bondo PM P&A Cause No E013/2022 to be transferred to the Madiany Law Courts for hearing and final determination. The transfer ensures that the matter is heard by the court with the appropriate territorial and subject-matter jurisdiction, in accordance with the law and judicial administrative efficiency.
Court Disposition
Bondo PM P&A Cause No E013/2022 ordered transferred to Madiany Law Courts; file closed.
Orders
- Bondo P&A Cause No E013/2022 shall be transferred to Madiany Law Courts for hearing and final determination.
- The original Bondo file and this ruling and order shall be transmitted to Madiany PM’s court.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of Agola Amala (Deceased) (Succession Cause 8 of 2022) [2022] KEHC 14957 (KLR) (1 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14957 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 8 of 2022
RE Aburili, J
November 1, 2022
IN THE MATTER OF THE ESTATE OF AGOLA AMALA ALIAS MATHEW OGOLA AMALA (DECEASED) AND IN THE MATTER OF MARGARET ATIENO OGOLA-ADMINISTRATIX (Originating from Bondo PM P&A E013 OF 2022)
Ruling
1. Bondo PM P&A Cause No E013/2022 was send to this court for directions on the subject matter falls within the jurisdiction of Madiany Law Courts which is gazetted and fully operationalized.
2. I hereby order that Bondo P&A Cause No E 013/2022 shall be transferred to Madiany Law Courts for hearing and final determination. The original Bondo file and this ruling and order shall be transmitted to Madiany PM’s court copy of the ruling to be send to Bondo PM’s court for their records.
3. I so order.
4. This file is hereby closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 1STDAY OF NOVEMBER, 2022R.E. ABURILIJUDGE