[2022] KEHC 15209 (KLR)
The court determined that since both 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 proceedings from Bondo PM Succession Cause No. E520/2021 to Madiany...
Source-derived case information.
- Citation
- [2022] KEHC 15209 (KLR)
- Parties
- Applicant: Margaret Atieno Odegi; Applicant: Joseph Otieno Owino
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 73 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Succession cause transferred to Madiany Law Courts; Siaya 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
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Margaret Atieno Odegi
Applicant
Joseph Otieno Owino
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the succession cause should be transferred to the newly operationalized Madiany Law Courts for hearing and determination.
Ratio Decidendi
The court determined that since both 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 proceedings from Bondo PM Succession Cause No. E520/2021 to Madiany Law Courts for hearing and final determination. The transfer ensures that the matter is heard in the proper forum, aligning with principles of jurisdiction and administrative efficiency.
Court Disposition
Succession cause transferred to Madiany Law Courts; Siaya file closed.
Orders
- Bondo PM Succession Cause No. E520/2021 is transferred to Madiany Law Courts for hearing and final determination.
- The original file and copies of the ruling and order shall be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of Andhoga Njiri (Deceased) (Succession Cause 73 of 2022) [2022] KEHC 15209 (KLR) (11 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15209 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 73 of 2022
RE Aburili, J
November 11, 2022
IN THE MATTER OF THE ESTATE OF ANDHOGA NJIRI (DECEASED) AND IN THE MATTER OF MARGARET ATIENO ODEGI & JOSEPH OTIENO OWINO-ADMINISTRATIX &ADMINISTRATOR (Originating from Bondo PM P&A E520 of 2021)
Ruling
1. Bondo PM Succession Cause No. E520/2021 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. E520 /2021 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, 2022. R.E. ABURILIJUDGE