[2022] KEHC 15035 (KLR)
The court determined that since the parties and subject matter now fall within the jurisdiction of the newly gazetted and operational Madiany Law Courts, it is appropriate and just to transfer the succession cause from Bondo Law Courts to Madiany Law Courts for hearing and determination. This ensures that the matter...
Source-derived case information.
- Citation
- [2022] KEHC 15035 (KLR)
- Parties
- Applicant: Millicent Omole Ojany
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 17 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings granted.
- 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
Millicent Omole Ojany
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the succession cause should be transferred from Bondo Law Courts to Madiany Law Courts for hearing and determination.
Ratio Decidendi
The court determined that since the parties and subject matter now fall within the jurisdiction of the newly gazetted and operational Madiany Law Courts, it is appropriate and just to transfer the succession cause from Bondo Law Courts to Madiany Law Courts for hearing and determination. This ensures that the matter is heard by the court with proper territorial jurisdiction, in line with administrative efficiency and legal propriety.
Court Disposition
Application for transfer of proceedings granted.
Orders
- Bondo PM P&A E279/2021 is transferred to Madiany Law Courts for hearing and determination.
- The original Bondo file and copies of this ruling and order to be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of Charles Ojany Chiewo (Deceased) (Succession Cause 17 of 2022) [2022] KEHC 15035 (KLR) (1 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15035 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 17 of 2022
RE Aburili, J
November 1, 2022
IN THE MATTER OF THE ESTATE OF CHARLES OJANY CHIEWO (DECEASED) AND IN THE MATTER OF MILLICENT OMOLE OJANY ADMINISTRATIX (Originating from Bondo PM P&A E279 of2021)
Ruling
1. This matter originates from Bondo PM P&A E279/2021. As the parties and the subject matter now fall within the jurisdiction of the newly gazetted and fully operationalized Madiany Law Courts, I hereby order that Bondo PM P&A E279/2021 be transferred to Madiany Law Courts for hearing and determination.
2. The original Bondo file and copies of this ruling and order to be transmitted to Madiany Law Courts.
3. Bondo Law Courts to be supplied with a copy of Ruling and order for their records and notification of the parties.
4. I so order. File closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 1STDAY OF NOVEMBER, 2022R.E. ABURILIJUDGE