[2022] KEHC 15199 (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 in the interests of justice to transfer the matter from Bondo Principal Magistrate's Court to Madiany Law Courts for...
Source-derived case information.
- Citation
- [2022] KEHC 15199 (KLR)
- Parties
- Applicant: Alseba Ondie Onyango alias Ondie W/O Onyango (Deceased)
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 111 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Succession cause transferred to Madiany Law Courts; original file and copies of ruling and order to be transmitted accordingly; Siaya High Court file closed.
- Judges
- RE Aburili
- Legal Topics
- Succession Proceedings, Transfer of Suit, Jurisdiction, Probate and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alseba Ondie Onyango alias Ondie W/O Onyango (Deceased)
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 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 in the interests of justice to transfer the matter from Bondo Principal Magistrate's Court to Madiany Law Courts for hearing and final determination. This ensures that the matter is heard in the proper forum with territorial jurisdiction, and facilitates convenience for the parties and efficient administration of justice.
Court Disposition
Succession cause transferred to Madiany Law Courts; original file and copies of ruling and order to be transmitted accordingly; Siaya High Court file closed.
Orders
- Bondo PM Succession Cause no E083/2022 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
14 paragraphs
In re Estate of Alseba Ondie Onyango alias Ondie W/O Onyango (Deceased) (Succession Cause 111 of 2022) [2022] KEHC 15199 (KLR) (11 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15199 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 111 of 2022
RE Aburili, J
November 11, 2022
(Originating from Bondo PM P&A E083 of 2022)
Ruling
1. Bondo PM Succession Cause no E083/2022 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 E083/2022 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 11THDAY OF NOVEMBER, 2022R E ABURILIJUDGE