[2022] KEHC 14824 (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 Bondo PM Succession Cause No. E106/2022 to Madiany Law Courts for...
Source-derived case information.
- Citation
- [2022] KEHC 14824 (KLR)
- Parties
- Applicant: Caleb Ojwang Oyoko
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 34 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Bondo PM Succession Cause No. E106/2022 is transferred to Madiany Law Courts for hearing and final determination. The file is closed at Siaya High Court.
- Judges
- RE Aburili
- Legal Topics
- Probate and Administration, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Caleb Ojwang Oyoko
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether Bondo PM Succession Cause No. E106/2022 should be transferred to the 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 Bondo PM Succession Cause No. E106/2022 to Madiany Law Courts for hearing and final determination. The transfer ensures that the matter is heard in the correct forum, aligning with jurisdictional requirements and administrative efficiency.
Court Disposition
Bondo PM Succession Cause No. E106/2022 is transferred to Madiany Law Courts for hearing and final determination. The file is closed at Siaya High Court.
Orders
- Bondo PM Succession Cause No. E106/2022 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
16 paragraphs
In re Estate of Ayoko Asengo (Deceased) (Succession Cause 34 of 2022) [2022] KEHC 14824 (KLR) (1 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14824 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 34 of 2022
RE Aburili, J
November 1, 2022
IN THE MATTER OF THE ESTATE AYOKO ASENGO (DECEASED) AND IN TH EMATTER OF CALEB OJWANG OYOKO-ADMINISTRATOR
(Originating from Bondo PM P&A E106 of 2022)
Ruling
1. Bondo PM Succession Cause No. E106/2022 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. E106/2022 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.
4. I so order.
5. This file is now closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 1ST DAY OF NOVEMBER, 2022R.E. ABURILIJUDGE