[2022] KEHC 15294 (KLR)

[2022] KEHC 15294 (KLR)

The court found 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 Bondo PM Succession Cause No E87/2021 to Madiany Law Courts for hearing and final determination. The...

Source-derived case information.

Citation
[2022] KEHC 15294 (KLR)
Parties
Applicant: Daniel Odhiambo Athiambo; Respondent: Estate of Athiambo Yewa alias Paulo Athiambo Yewa (Deceased)
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Succession Cause 129 of 2022
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Outcome
Bondo PM Succession Cause No E87/2021 is transferred to Madiany Law Courts for hearing and final determination. The file at Siaya is closed.
Judges
RE Aburili
Legal Topics
Succession Proceedings, Transfer of Suit, Jurisdiction of Courts
Source Language
en
Family and Children Succession Proceedings Transfer of Suit Jurisdiction of Courts

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Parties

Daniel Odhiambo Athiambo

Applicant

Estate of Athiambo Yewa alias Paulo Athiambo Yewa (Deceased)

Respondent

Procedural Posture

Succession Cause / Ruling on Transfer of Proceedings

Legal Issues

  1. 1 Whether Bondo PM Succession Cause No E87/2021 should be transferred to Madiany Law Courts for hearing and determination.
  2. 2 Whether the Madiany Law Courts have jurisdiction over the parties and subject matter.

Ratio Decidendi

The court found 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 Bondo PM Succession Cause No E87/2021 to Madiany Law Courts for hearing and final determination. The transfer ensures that the matter is heard in the proper forum, in accordance with the principles of jurisdiction and efficient administration of justice. The court directed that the original file and copies of the ruling and order be transmitted to Madiany Law Courts, and that Bondo Law Courts be notified for their records and notification of the parties.

Court Disposition

Bondo PM Succession Cause No E87/2021 is transferred to Madiany Law Courts for hearing and final determination. The file at Siaya is closed.

Orders

  • Bondo PM Succession Cause No E87/2021 is transferred to Madiany Law Courts for hearing and final determination.
  • The original file and copies of this ruling and order shall be transmitted to Madiany Law Courts.