[2022] KEHC 15325 (KLR)
The court determined that, since the parties and the subject matter of the succession cause are domiciled within the jurisdiction of the newly operationalized Madiany Law Courts, it is appropriate and just to transfer the proceedings from Bondo Principal Magistrate's Court to Madiany Law Courts. This ensures that...
Source-derived case information.
- Citation
- [2022] KEHC 15325 (KLR)
- Parties
- Applicant: Bonfas Ogejo Otanga; Respondent: Estate of Alex Otanga Ogola (Deceased)
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 71 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Bondo PM Succession Cause No E119/2022 is transferred to Madiany Law Courts for hearing and final determination. The original file and copies of the ruling and order are to be transmitted accordingly. The file at Siaya High Court is closed.
- 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
Bonfas Ogejo Otanga
Applicant
Estate of Alex Otanga Ogola (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether Bondo PM Succession Cause No E119/2022 should be transferred to Madiany Law Courts for hearing and determination.
Ratio Decidendi
The court determined that, since the parties and the subject matter of the succession cause are domiciled within the jurisdiction of the newly operationalized Madiany Law Courts, it is appropriate and just to transfer the proceedings from Bondo Principal Magistrate's Court to Madiany Law Courts. This ensures that the matter is heard in the court with proper territorial jurisdiction, in accordance with the principles governing the administration of estates and the efficient administration of justice.
Court Disposition
Bondo PM Succession Cause No E119/2022 is transferred to Madiany Law Courts for hearing and final determination. The original file and copies of the ruling and order are to be transmitted accordingly. The file at Siaya High Court is closed.
Orders
- Bondo PM Succession Cause No E119/2022 is transferred to Madiany Law Courts for hearing and final determination.
- The original file from Bondo together with copies of this ruling and order shall be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Alex Otanga Ogola (Deceased) (Succession Cause 71 of 2022) [2022] KEHC 15325 (KLR) (11 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15325 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 71 of 2022
RE Aburili, J
November 11, 2022
IN THE MATTER OF THE ALEX OTANGA OGOLA AND IN THE MATTER OF BONFAS OGEJO OTANGA-ADMINISTRATOR
(Originating from Bondo PM P&A E119 of 2022)
Ruling
1. Bondo PM Succession Cause No E119/2022 was availed to this court for directions.
2. As the parties and the subject matter are domiciled within the jurisdiction of the gazetted newly operationalized Madiany Law Courts, I hereby transfer Bondo PM Succession Cause No E119 /2022 to Madiany Law Courts for hearing and final determination.
3. The original file from Bondo together with copies of this ruling and order shall be transmitted to Madiany Law Courts while copies of ruling and order shall be send to Bondo Law Courts for their records and notification of the parties.
4. I so order. This file is now closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 11TH DAY OF NOVEMBER, 2022R.E. ABURILIJUDGE