[2022] KEHC 15020 (KLR)
The court held that since the subject matter of the succession cause originates from the jurisdiction of the now fully operationalized Madiany Law Courts, it is appropriate and in the interests of justice to transfer the proceedings from Bondo Principal Magistrate's Court to Madiany Law Courts for hearing and final...
Source-derived case information.
- Citation
- [2022] KEHC 15020 (KLR)
- Parties
- Applicant: Anjeline Okuto Nyambok
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 43 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- The succession cause is transferred to Madiany Law Courts for hearing and final determination. 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
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Anjeline Okuto Nyambok
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the succession cause should be transferred to the Madiany Law Courts for hearing and determination.
Ratio Decidendi
The court held that since the subject matter of the succession cause originates from the jurisdiction of the now fully operationalized Madiany Law Courts, it is appropriate and in the interests of justice to transfer the proceedings from Bondo Principal Magistrate's Court to Madiany Law Courts for hearing and final determination. This ensures that the matter is handled by the court with proper territorial jurisdiction, in line with judicial policy and statutory requirements.
Court Disposition
The succession cause is transferred to Madiany Law Courts for hearing and final determination. The file at Siaya High Court is closed.
Orders
- Bondo PM P&A No E131 of 2022 is transferred to Madiany Law Courts for hearing and final determination.
- The original Bondo file and copies of this order and ruling to be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Alfred Nyambok (Deceased) (Succession Cause 43 of 2022) [2022] KEHC 15020 (KLR) (2 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15020 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 43 of 2022
RE Aburili, J
November 2, 2022
IN THE MATTER OF THE ESTATE OF ALFRED NYAMBOK (DECEASED) AND IN THE MATTER OF ANJELINE OKUTO NYAMBOK - ADMINISTRATIX (Originating from Bondo PM Succession Cause No. E 131 of 2022)
Ruling
1. Bondo PM P&A E131 of 2022 was submitted to this court for directions.
2. As the subject matter of the succession cause originates from the jurisdiction of the gazetted and now fully operationalized Madiany Law Courts. I hereby transfer Bondo PM P&A No E131 of 2022 to Madiany Law Courts for hearing and final determination.
3. The original Bondo file plus copies of this order and ruling to be transmitted to Madiany Law Courts.
4. The copies of ruling and order to be submitted to Bondo PM’s court for their records and notification of parties.
5. This file is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 2ND DAY OF NOVEMBER, 2022R E ABURILIJUDGE