[2022] KEHC 15032 (KLR)
The court determined that since the subject matter of the succession cause emanates from the jurisdiction of Madiany Law Courts, and that court is now fully operational, it is appropriate and in the interests of justice to transfer the entire file from Bondo Law Courts to Madiany Law Courts for hearing and final...
Source-derived case information.
- Citation
- [2022] KEHC 15032 (KLR)
- Parties
- Applicant: Victor Peter Ochieng Raila
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 3 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of File
- Outcome
- The succession cause is transferred from Bondo Law Courts to Madiany Law Courts for hearing and final determination. The file at Siaya is closed.
- 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
Victor Peter Ochieng Raila
Applicant
Procedural Posture
Succession Cause / Ruling on Transfer of File
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 subject matter of the succession cause emanates from the jurisdiction of Madiany Law Courts, and that court is now fully operational, it is appropriate and in the interests of justice to transfer the entire file from Bondo Law Courts to Madiany Law Courts for hearing and final determination. The court also directed that the hearing dates already given to the parties remain unchanged.
Court Disposition
The succession cause is transferred from Bondo Law Courts to Madiany Law Courts for hearing and final determination. The file at Siaya is closed.
Orders
- The P&A File No. Bondo P&A Cause No. E067/2021 is transferred from Bondo Law Courts to Madiany Law Courts for hearing and final determination.
- The hearing dates given to parties remain intact, namely, 20/1/2023.
Full Case Text
Judgment text and source record
14 paragraphs
In re Estate of Charles Raila Pacho (Deceased) (Succession Cause 3 of 2022) [2022] KEHC 15032 (KLR) (1 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15032 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 3 of 2022
RE Aburili, J
November 1, 2022
IN THE MATTER OF THE ESTATE OF CHARLES RAILA PACHO (DECEASED) AND IN THE MATTER OF VICTOR PETER OCHIENG RAILA-ADMINISTRATOR (Originating from Bondo PM P&A E067 of 2021)
Ruling
1. This PSA matter was filed at Bondo Law Courts. The subject matter emanates from the jurisdiction of Madiany Law Courts which was gazetted is and now fully operational.
2. I order that the P&A File No. Bondo P&A Cause No. E067/2021 as a whole be transferred from Bondo Law Courts to Madiany Law Courts for hearing and final determination. The dates given to parties shall remain intact namely, 20/1/2023.
3. This order to be extracted and send together with the original file to Madiany Law Courts and a copy send to Bondo Law Courts for their record.
4. This file is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 1ST DAY OF NOVEMBER, 2022R.E. ABURILIJUDGE