[2022] KEHC 14955 (KLR)
The court determined that since the subject matter and parties are within the jurisdiction of Madiany Law Courts, and that court is now fully operational, the succession cause should be transferred from Bondo Law Courts to Madiany Law Courts for hearing and determination. This ensures the matter is heard in the...
Source-derived case information.
- Citation
- [2022] KEHC 14955 (KLR)
- Parties
- Applicant: __MISSING__; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 5 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- The succession cause is transferred to Madiany Law Courts. The original file and a copy of the ruling are to be dispatched to Madiany Law Courts. Hearing dates remain as earlier fixed. 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
__MISSING__
Applicant
__MISSING__
Respondent
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 subject matter and parties are within the jurisdiction of Madiany Law Courts, and that court is now fully operational, the succession cause should be transferred from Bondo Law Courts to Madiany Law Courts for hearing and determination. This ensures the matter is heard in the appropriate forum.
Court Disposition
The succession cause is transferred to Madiany Law Courts. The original file and a copy of the ruling are to be dispatched to Madiany Law Courts. Hearing dates remain as earlier fixed. The file at Siaya is closed.
Orders
- Bondo PM P&A No 307/2020 is transferred to Madiany Law Courts for hearing and determination.
- The entire original file with a copy of this ruling and order to be dispatched to Madiany Law Courts forthwith.
Full Case Text
Judgment text and source record
13 paragraphs
In re Estate of Chrispin Juma Kabach (Deceased) (Succession Cause 5 of 2022) [2022] KEHC 14955 (KLR) (1 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14955 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 5 of 2022
RE Aburili, J
November 1, 2022
Ruling
1. This P&A Cause was filed at Bondo Law Courts vide P&A No 307/2020 but the subject matter and the parties are from within the jurisdiction of Madiany Law Courts which was gazetted and now fully operationalized. I hereby order that Bondo PM P&A No 307/2020 shall be transferred to Madiany Law Courts for hearing and determination.
2. The entire original file with copy of this ruling & order to be dispatched to Madiany Law Courts forthwith.
3. The hearing dates remain as earlier fixed by Bondo Law Courts for the receiving court to give appropriate directions. This file is closed.
4. I so order
DATED, SIGNED AND DELIVERED AT SIAYA THIS 1ST DAY OF NOVEMBER, 2022R.E. ABURILIJUDGE