[2025] KEHC 7314 (KLR)
The court determined that, considering the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa and the constitutional imperative of access to justice, it was appropriate to transfer the succession cause from Maseno Law Courts to Kombewa Law Courts. The court exercised its discretion under...
Source-derived case information.
- Citation
- [2025] KEHC 7314 (KLR)
- Parties
- Applicant: Michael Bure Jagongo; Applicant: Joseph Juma Jagongo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 109 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings allowed; file transferred to Kombewa Law Courts.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Proceedings, Jurisdiction, Succession Matters
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Bure Jagongo
Applicant
Joseph Juma Jagongo
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have proper geographical jurisdiction over the succession cause.
- 2 Whether the matter should be transferred to Kombewa Law Courts for hearing and determination.
- 3 Whether access to justice under Article 48 of the Constitution is promoted by the transfer.
Ratio Decidendi
The court determined that, considering the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa and the constitutional imperative of access to justice, it was appropriate to transfer the succession cause from Maseno Law Courts to Kombewa Law Courts. The court exercised its discretion under section 18 of the Civil Procedure Act to ensure that the matter is heard in the most convenient forum, thereby upholding the parties' right to access justice. The file was accordingly withdrawn from Maseno and transferred to Kombewa for hearing and determination, with directions for mention before the Head of Station at Kombewa Law Courts.
Court Disposition
Application for transfer of proceedings allowed; file transferred to Kombewa Law Courts.
Orders
- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- The parties to be notified of the transfer.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Barnaba Jagongo alias Barnabas Jagongo (Deceased) (Miscellaneous Succession Application 109 of 2025) [2025] KEHC 7314 (KLR) (3 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7314 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 109 of 2025
A Mabeya, J
June 3, 2025
IN THE MATTER OF THE ESTATE OF BARNABA JAGONGO alias BARNABAS JAGONGO (DECEASED)
AND
IN THE MATT ER OF AN APPLICATION BY MICHAEL BURE JAGONGO and JOSEPH JUMA JAGONGO - PETITIONER
(From Original Maseno Senior Principal Magistrate Succession Cause No. E307 of 2024)
Ruling
1. I have considered the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa. I have also considered the constitutional imperative of access to justice under Article 48 of the Constitution of Kenya.
2. In the exercise of the jurisdiction of this Court under section 18 of the Civil Procedure Act, Cap 21 Laws of Kenya, this file is hereby withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination. The parties be notified.
3. Mention on 9/6/2025 before the Head of Station, Kombewa Law Courts for further directions.
4. This file is marked as closed.It is so ordered.
DATED AND DELIVERED AT KISUMU THIS 3RD DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE