[2022] KEHC 15019 (KLR)

[2022] KEHC 15019 (KLR)

The court determined that since the subject matter of the Succession Cause originates from the jurisdiction of the Madiany Law Courts, which is now fully operational, it is appropriate and in the interests of justice to transfer Bondo PM P&A No 183 of 2020 to the Madiany Law Courts for hearing and final...

Source-derived case information.

Citation
[2022] KEHC 15019 (KLR)
Parties
Applicant: Boaz Aguko Ogango (Deceased)
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Succession Cause 51 of 2022
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Outcome
Bondo PM P&A No 183 of 2020 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 Cause, Jurisdiction of Courts
Source Language
en
Family and Children Succession Proceedings Transfer of Cause Jurisdiction of Courts

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Parties

Boaz Aguko Ogango (Deceased)

Applicant

Procedural Posture

Succession Cause / Ruling on Transfer of Proceedings

Legal Issues

  1. 1 Whether the Succession Cause should be transferred to the Madiany Law Courts for hearing and determination.
  2. 2 Whether the Bondo PM P&A 183 of 2020 falls within the jurisdiction of the Madiany Law Courts.

Ratio Decidendi

The court determined that since the subject matter of the Succession Cause originates from the jurisdiction of the Madiany Law Courts, which is now fully operational, it is appropriate and in the interests of justice to transfer Bondo PM P&A No 183 of 2020 to the Madiany Law Courts for hearing and final determination. The transfer ensures that the matter is handled by the court with proper territorial jurisdiction, thereby promoting judicial efficiency and compliance with jurisdictional requirements.

Court Disposition

Bondo PM P&A No 183 of 2020 is transferred to Madiany Law Courts for hearing and final determination. The file at Siaya is closed.

Orders

  • Bondo PM P&A No 183 of 2020 is transferred to Madiany Law Courts for hearing and final determination.
  • The original Bondo file and copies of this order and ruling to be transmitted to Madiany Law Courts.