[2022] KEHC 15021 (KLR)
The court determined that since the parties and the subject matter of the succession cause are domiciled within the jurisdiction of the newly operationalized Madiany Law Court, it is appropriate and in the interests of justice to transfer Bondo PM Succession Cause No. E113/2022 to Madiany Law Courts for hearing and...
Source-derived case information.
- Citation
- [2022] KEHC 15021 (KLR)
- Parties
- Applicant: Geoffrey Adero Kijaro; Respondent: Clarice Adhiambo Obara (Deceased)
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 33 of 2022
- Procedural Posture
- Succession Cause / Ruling on Transfer of Proceedings
- Outcome
- Bondo PM Succession Cause No. E113/2022 transferred to Madiany Law Courts; file at Siaya closed.
- Judges
- RE Aburili
- Legal Topics
- Probate and Administration, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Adero Kijaro
Applicant
Clarice Adhiambo Obara (Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether Bondo PM Succession Cause No. E113/2022 should be transferred to Madiany Law Courts for hearing and determination.
- 2 Whether the High Court at Siaya has jurisdiction to direct the transfer of the succession cause.
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 operationalized Madiany Law Court, it is appropriate and in the interests of justice to transfer Bondo PM Succession Cause No. E113/2022 to Madiany Law Courts for hearing and final determination. The High Court exercised its supervisory and administrative jurisdiction to ensure that matters are heard in the proper forum, thereby promoting judicial efficiency and convenience for the parties.
Court Disposition
Bondo PM Succession Cause No. E113/2022 transferred to Madiany Law Courts; file at Siaya closed.
Orders
- Bondo PM Succession Cause No. E113/2022 is transferred to Madiany Law Courts for hearing and final determination.
- The original file from Bondo Law Courts together with copies of this Ruling and order to be transmitted to Madiany Law Courts.
Full Case Text
Judgment text and source record
17 paragraphs
In re Estate of Clarice Adhiambo Obara (Deceased) (Succession Cause 33 of 2022) [2022] KEHC 15021 (KLR) (1 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15021 (KLR)
Republic of Kenya
In the High Court at Siaya
Succession Cause 33 of 2022
RE Aburili, J
November 1, 2022
IN THE MATTER OF THE ESTATE OF CLARICE ADHIAMBO OBARA (DECEASED)
AND IN THE MATTER OF GEOFFREY ADERO KIJARO-ADMINISTRATOR
(Originating from Bondo PM P&A E113 of 2022)
Ruling
1. Bondo PM Succession No. E113/2022 was submitted to this court for directions as the parties and the subject matter are domiciled within the jurisdiction of the gazetted and newly operationalized Madiany Law Court. I hereby transfer Bondo PM Succession Cause No. E113/2022 to Madiany Law Courts for hearing and final determination.
2. The original file from Bondo Law Courts together with copies of this Ruling and order to be transmitted to Madiany Law Courts.
3. Copies of this Ruling and order to be supplied to Bondo Law Courts for their records.
4. I so order.
5. This file is now closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 1STDAY OF NOVEMBER, 2022R.E. ABURILIJUDGE