[2025] KEHC 7291 (KLR)

[2025] KEHC 7291 (KLR)

The High Court, exercising its discretion under section 18 of the Civil Procedure Act, found that the transfer of the succession cause from Maseno Law Courts to Kombewa Law Courts was warranted. The decision was guided by considerations of geographical jurisdiction and the constitutional imperative to facilitate...

Source-derived case information.

Citation
[2025] KEHC 7291 (KLR)
Parties
Applicant: __MISSING__; Respondent: __MISSING__
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Miscellaneous Succession Cause 98 of 2025
Procedural Posture
Miscellaneous Succession Cause / Ruling on Transfer of Proceedings
Outcome
Application for transfer of proceedings granted.
Judges
A Mabeya
Legal Topics
Transfer of Proceedings, Jurisdiction, Access to Justice
Source Language
en
Civil Procedure Transfer of Proceedings Jurisdiction Access to Justice

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Parties

__MISSING__

Applicant

__MISSING__

Respondent

Procedural Posture

Miscellaneous Succession Cause / Ruling on Transfer of Proceedings

Legal Issues

  1. 1 Whether the High Court should transfer the succession cause from Maseno Law Courts to Kombewa Law Courts.
  2. 2 Whether the transfer is necessary to facilitate access to justice as per Article 48 of the Constitution.

Ratio Decidendi

The High Court, exercising its discretion under section 18 of the Civil Procedure Act, found that the transfer of the succession cause from Maseno Law Courts to Kombewa Law Courts was warranted. The decision was guided by considerations of geographical jurisdiction and the constitutional imperative to facilitate access to justice as enshrined in Article 48 of the Constitution. The court determined that Kombewa Law Courts was the more appropriate forum for the hearing and determination of the matter, and accordingly ordered the transfer of the file. The court also directed that the parties be notified and scheduled a mention before the Head of Station at Kombewa Law Courts for further...

Court Disposition

Application for transfer of proceedings granted.

Orders

  • The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
  • The parties are to be notified of the transfer.