[2025] KEHC 8049 (KLR)
The court determined that, in the interests of justice and in accordance with the constitutional imperative of access to justice, the succession cause should be heard in the court with proper geographical jurisdiction. The High Court exercised its discretion under section 18 of the Civil Procedure Act to transfer...
Source-derived case information.
- Citation
- [2025] KEHC 8049 (KLR)
- Parties
- Applicant: Paul Adero Jagongo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 227 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings allowed; file transferred to Kombewa Law Courts.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Proceedings, Jurisdiction of Magistrates Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Adero Jagongo
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have proper geographical jurisdiction over the succession cause.
- 2 Whether the file should be transferred to Kombewa Law Courts to facilitate access to justice.
Ratio Decidendi
The court determined that, in the interests of justice and in accordance with the constitutional imperative of access to justice, the succession cause should be heard in the court with proper geographical jurisdiction. The High Court exercised its discretion under section 18 of the Civil Procedure Act to transfer the file from Maseno Law Courts to Kombewa Law Courts. The transfer ensures that the matter is heard in the most appropriate forum, thereby facilitating access to justice for the parties. The court also directed that the parties be notified and set a mention date before the Head of Station at Kombewa Law Courts for further directions.
Court Disposition
Application for transfer of proceedings 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- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.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
18 paragraphs
In re Estate of Alexander Kwaye Jagongo alias Jagongo s/o Ogok (deceased) (Miscellaneous Succession Application 227 of 2025) [2025] KEHC 8049 (KLR) (9 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8049 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 227 of 2025
A Mabeya, J
June 9, 2025
IN THE MATTER OF THE ESTATE OF ALEXANDER KWAYE JAGONGO alias JAGONGO S/O OGOK -(DECEASED) AND IN THE MATTER OF AN APPLICATION BY PAUL ADERO JAGONGO - APPLICANT
In the matter of
Paul Adero Jagongo
Applicant
(From Original Maseno Senior Principal Magistrate Succession Cause No. E165 of 2023)
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 16/6/2025 before the Head of Station, Kombewa Law Courts for further directions.
4. This file is marked as closed.It is so ordered.
DATED AND DELIVERED AT KISUMU THIS 9TH DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE