[2025] KEHC 7370 (KLR)
The High Court, exercising its jurisdiction under section 18 of the Civil Procedure Act, determined that the transfer of the file from Maseno Law Courts to Kombewa Law Courts was necessary to ensure proper geographical jurisdiction and to promote access to justice as mandated by Article 48 of the Constitution. The...
Source-derived case information.
- Citation
- [2025] KEHC 7370 (KLR)
- Parties
- Applicant: Masela Otieno Ajuoga
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 96 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer allowed; file transferred to Kombewa Law Courts.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Suit, Jurisdiction of Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Masela Otieno Ajuoga
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the High Court should transfer the succession matter from Maseno Law Courts to Kombewa Law Courts.
- 2 Whether the transfer promotes access to justice as required by Article 48 of the Constitution.
Ratio Decidendi
The High Court, exercising its jurisdiction under section 18 of the Civil Procedure Act, determined that the transfer of the file from Maseno Law Courts to Kombewa Law Courts was necessary to ensure proper geographical jurisdiction and to promote access to justice as mandated by Article 48 of the Constitution. The Court found that Kombewa Law Courts was the appropriate forum for the hearing and determination of the matter and ordered the transfer accordingly.
Court Disposition
Application for transfer allowed; file transferred to Kombewa Law Courts.
Orders
- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- Parties to be notified of the transfer.
Full Case Text
Judgment text and source record
16 paragraphs
In re Estate of Ajuoga Ogola Ajuaga alias Ajwoga Ogola (Deceased) (Miscellaneous Succession Application 96 of 2025) [2025] KEHC 7370 (KLR) (3 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7370 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 96 of 2025
A Mabeya, J
June 3, 2025
In the matter of
Masela Otieno Ajuoga
Petitioner
Ruling
1. I have considered the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa. I have also considered the constitutional imperative of access to justice under Article 48 of the Constitution of Kenya.
2. In the exercise of the jurisdiction of this Court under section 18 of the Civil Procedure Act, Cap 21 Laws of Kenya, this file is hereby withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination. The parties be notified.
3. Mention on 9/6/2025 before the Head of Station, Kombewa Law Courts for further directions.
4. This file is marked as closed.
It is so ordered.DATEDAND DELIVEREDAT KISUMU THIS 3RDDAY OF JUNE, 2025. A. MABEYA, FCI, ARBJUDGE