[2022] KEHC 15033 (KLR)
The court determined that since the parties and the subject matter of the succession cause are domiciled within the jurisdiction of the newly gazetted and established Madiany Law Courts, it is appropriate and in the interests of justice to transfer the proceedings from Bondo Principal Magistrate's Court to Madiany...
Source-derived case information.
- Citation
- [2022] KEHC 15033 (KLR)
- Parties
- Applicant: Elija Akwa Amala; Respondent: Boaz Tuda Amala (Deceased)
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 20 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Succession cause transferred to Madiany Law Courts; file closed at Siaya High Court.
- Judges
- RE Aburili
- Legal Topics
- Transfer of Proceedings, Jurisdiction, Probate and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elija Akwa Amala
Applicant
Boaz Tuda Amala (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the succession cause should be transferred to the newly established Madiany Law Courts for hearing and determination.
- 2 Whether the parties and subject matter fall within the jurisdiction of Madiany Law Courts.
Ratio Decidendi
The court determined that since the parties and the subject matter of the succession cause are domiciled within the jurisdiction of the newly gazetted and established Madiany Law Courts, it is appropriate and in the interests of justice to transfer the proceedings from Bondo Principal Magistrate's Court to Madiany Law Courts for hearing and determination. The transfer ensures that the matter is heard in the proper forum, in accordance with the rules of territorial jurisdiction and efficient administration of justice.
Court Disposition
Succession cause transferred to Madiany Law Courts; file closed at Siaya High Court.
Orders
- Bondo PM P&A E292/2021 is transferred to Madiany Law Courts for hearing and determination.
- The original Bondo file and copies of this Ruling and order shall be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Boaz Tuda Amala (Deceased) (Succession Cause 20 of 2022) [2022] KEHC 15033 (KLR) (1 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15033 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 20 of 2022
RE Aburili, J
November 1, 2022
IN THE MATTER OF THE ESTATE OF BOAZ TUDA AMALA (DECEASED) AND IN THE MATTER OF ELIJA AKWA AMALA-ADMINISTRATOR (Originating from Bondo PM P&A E292 of 2021)
Ruling
1. Bondo PM P&A E292/2021 was brought to this court for directions. As the parties and the subject matter are domiciled within the newly gazetted and established Madiany law Courts, I hereby transfer Bondo PM P&A E292/2021 to Madiany Law Courts for hearing and determination.
2. The original Bondo file and copies of this Ruling and order shall be transmitted to Madiany Law Courts.
3. Bondo Law Courts to be given copies of the Ruling and order for their records and notification of the parties.
4. I so order.
5. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 1ST DAY OF NOVEMBER, 2022R.E. ABURILIJUDGE